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| 2 | 2 | | SENATE DOCKET, NO. 1873 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1312 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael O. Moore |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying |
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| 12 | 12 | | resolve: |
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| 13 | 13 | | Resolve establishing a special commission on the Dover amendment. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Michael O. MooreSecond WorcesterRebecca L. RauschNorfolk, Worcester and Middlesex1/24/2023 1 of 2 |
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| 17 | 17 | | SENATE DOCKET, NO. 1873 FILED ON: 1/20/2023 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 1312 |
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| 19 | 19 | | By Mr. Moore, a petition (accompanied by resolve, Senate, No. 1312) of Michael O. Moore and |
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| 20 | 20 | | Rebecca L. Rausch that provisions be made for an investigation and study by a special |
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| 21 | 21 | | commission (including members of the General Court) relative to the use and effectiveness of the |
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| 22 | 22 | | zoning approval process of educational uses under the so-called Dover amendment. |
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| 23 | 23 | | Municipalities and Regional Government. |
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| 24 | 24 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 25 | 25 | | SEE SENATE, NO. 1347 OF 2021-2022.] |
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| 26 | 26 | | The Commonwealth of Massachusetts |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | In the One Hundred and Ninety-Third General Court |
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| 29 | 29 | | (2023-2024) |
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| 30 | 30 | | _______________ |
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| 31 | 31 | | Resolve establishing a special commission on the Dover amendment. |
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| 32 | 32 | | 1 Resolved, there shall be a special commission to study the use and effectiveness of the |
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| 33 | 33 | | 2zoning approval process of educational uses under the so-called Dover amendment, section 3 of |
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| 34 | 34 | | 3chapter 40A of the General Laws. |
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| 35 | 35 | | 4 The commission shall consist of the secretary of housing and economic development or a |
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| 36 | 36 | | 5designee, who shall serve as chair; the secretary of the executive office of education or a |
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| 37 | 37 | | 6designee; 2 members appointed by the president of the senate, including the senate chair of the |
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| 38 | 38 | | 7joint committee on municipalities and regional government and the senate chair of the joint |
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| 39 | 39 | | 8committee housing; 1 member appointed by the senate minority leader; 2 members appointed by |
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| 40 | 40 | | 9the speaker of the house of representatives, including the house chair of the joint committee on |
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| 41 | 41 | | 10municipalities and regional government and the house chair of the joint committee housing; 1 2 of 2 |
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| 42 | 42 | | 11member appointed by the house minority leader and 3 members to be appointed by the governor, |
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| 43 | 43 | | 121 of whom shall be a local official with expertise in zoning, 1 of whom shall be a member of a |
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| 44 | 44 | | 13non-profit social services agency and 1 of whom shall be a member of a non-profit school or |
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| 45 | 45 | | 14higher education institution. |
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| 46 | 46 | | 15 The commission shall study the impact of the education exemption provided by the |
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| 47 | 47 | | 16Dover amendment on municipalities and nonprofit education institutions, which shall include a |
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| 48 | 48 | | 17review of the types of building projects sited under the protection of the Dover amendment and |
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| 49 | 49 | | 18the case law decided on the educational exemption. The commission shall solicit public |
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| 50 | 50 | | 19testimony, either by holding public hearings or through surveys. |
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| 51 | 51 | | 20 The commission shall file the results of its study together with recommendations for |
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| 52 | 52 | | 21legislation, which shall include a proposed definition of “educational purposes”, with the clerks |
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| 53 | 53 | | 22of the house of representatives and senate, on or before January 1, 2024. |
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