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HOUSE DOCKET, NO. 4193 FILED ON: 3/2/2023
HOUSE . . . . . . . . . . . . . . . No. 3552
The Commonwealth of Massachusetts
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PRESENTED BY:
Kristin E. Kassner
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to zoning voting thresholds.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kristin E. Kassner2nd Essex3/2/2023Liz MirandaSecond Suffolk3/7/2023 1 of 2
HOUSE DOCKET, NO. 4193 FILED ON: 3/2/2023
HOUSE . . . . . . . . . . . . . . . No. 3552
By Representative Kassner of Hamilton, a petition (subject to Joint Rule 12) of Kristin E.
Kassner and Liz Miranda relative to zoning voting thresholds. Municipalities and Regional
Government.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2140 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to zoning voting thresholds.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION X – Section 5 of chapter 40A of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place
3thereof the following paragraph:-
4 No zoning ordinance or by-law or amendment thereto shall be adopted or changed except
5by a two-thirds vote of all the members of the town council, or of the city council where there is
6a commission form of government or a single branch, or of each branch where there are two
7branches, or by a two-thirds vote of a town meeting. Except that the voting majority may be
8changed to a range between a simple majority and a two-thirds majority vote; such change shall
9be made by the voting majority then in effect and shall not become effective until 6 months have
10elapsed after the vote. However, if in a city or town with a council of fewer than twenty-five 2 of 2
11members there is filed with the clerk prior to final action by the council a written protest against
12such change, stating the reasons duly signed by owners of twenty per cent or more of the area of
13the land proposed to be included in such change or of the area of the land immediately adjacent
14extending three hundred feet therefrom, no such change of any such ordinance shall be adopted
15except by a two-thirds vote of all members.