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HOUSE DOCKET, NO. 2497 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 4047
The Commonwealth of Massachusetts
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PRESENTED BY:
John Barrett, III
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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 relating to special permits.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire1/16/2025 1 of 2
HOUSE DOCKET, NO. 2497 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 4047
By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 4047) of
John Barrett, III relative to special permits. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relating to special permits.
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 1. Section 11 of chapter 40A of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out, in lines 3 to 7, inclusive, the words “two
3successive weeks, the first publication to be not less than fourteen days before the day of the
4hearing and by posting such notice in a conspicuous place in the city or town hall for a period of
5not less than fourteen days before the day of such hearing” and inserting in place thereof the
6following words:- 4 successive weeks, the first publication to be not less than 30 days before the
7day of the hearing, by posting such notice in a conspicuous place in the city or town hall for a
8period of not less than 30 days before the day of such hearing and by posting such notice on the
9city or town’s website for a period of not less than 30 days before the day of such hearing.
10 SECTION 2. Said section 11 of said chapter 40A, as so appearing, is hereby further
11amended by inserting, in line 16, after the word “town” the following words:- ; provided, that,
12for the purposes of judicial review pursuant to section 17, “parties in interest” shall include non-
13abutters who demonstrate that: (i) the use for which the permit or special permit was granted 2 of 2
14violates or is likely to violate a municipal nuisance, environment or other quality-of-life
15ordinance; and (ii) either: (1) the violation of the municipal ordinance aggrieves a substantial
16number of non-abutters; or (2) the decision of the special permit granting or permit granting
17authority was procedurally flawed.
18 SECTION 3. Said section 11 of said chapter 40A, as so appearing, is hereby further
19amended by striking out, in lines 27 to 29, inclusive, the words “street address, if any, or other
20adequate identification of the location, of the area or premises which is the subject of the
21petition” and inserting in place thereof the following words:- a map of the area or premises
22which is the subject of the petition including the names and street addresses of all abutters.
23 SECTION 4. Said chapter 40A is hereby further amended by inserting after section 11
24the following section:-
25 Section 11A. (a) Prior to filing an appeal in court pursuant to section 17, non-abutters
26qualifying as parties in interest pursuant to section 11 may submit to the special permit granting
27or permit granting authority or the board of appeals a written demand for relief, reasonably
28describing the permit decision at issue, the municipal ordinance being violated, the grievance
29being caused by the violation, the persons being aggrieved, any procedural flaws in the
30authority’s decision and the relief sought.
31 (b) The special permit granting or permit granting authority or the board of appeals shall
32review a written demand for relief received pursuant to subsection (a) and make a reply to the
33non-abutters notifying them of its final decision on the matter.