The Bylaw and Zoning Map contain the regulations for determining what type of development is permitted throughout Town. The Board plays a pivotal role in amending them. This article outlines the steps that must be followed to make successful amendments. To avoid having an amendment disapproved due to a procedural mistake, strict adherence is required to the process established by state law for enacting zoning changes.
Pursuant to MGL c. 40A, Section 5, a zoning bylaw amendment may be proposed at any time and be placed on the warrant of a Special or Annual Town Meeting. Proposals that will have a significant impact on the Town should be presented well in advance of Town Meeting to allow for careful consideration by local officials and the general public.
Amendments may be submitted by:
A. 
The Board of Selectmen.[1]
[1]
Editor's Note: Now "Select Board."
B. 
The Zoning Board of Appeals.
C. 
An individual owning land affected by the proposal.
D. 
Ten or more registered voters for consideration at an Annual Town Meeting.
E. 
One hundred or more registered voters, or 10% of the total number of registered voters, whichever is less, for consideration at a Special Town Meeting.
F. 
The Planning Board.
G. 
The Montachusett Regional Planning Commission.
Each of the following steps must be followed precisely. The Board should document each step as it happens because such documentation is required when the revised Bylaw is submitted by the Town Clerk to the Attorney General for approval. The requisite documentation is described below.
A. 
An amendment is initiated by submitting the proposed Bylaw or Zoning Map change to the Board of Selectmen[1] in the form of an article for Town Meeting. (Document who initiated the amendment proposal and when it was submitted to the Board of Selectmen.)
[1]
Editor's Note: Now "Select Board."
B. 
The Board of Selectmen has 14 days to submit the proposal to the Board for its review. (Retain a copy of the Selectmen's transmittal memo to the Board.)
C. 
The Board must hold a public hearing within 65 days of its receiving the proposal. Notification of the hearing must be advertised, posted and mailed to certain parties as described below. The hearing notice must contain the following information:
(1) 
The time, date and place of the public hearing.
(2) 
The subject matter of the hearing "sufficient for identification." This must contain enough detail so the reader can make an informed decision on whether to attend the hearing or Town Meeting.
(3) 
The place where the texts and maps may be inspected. (Retain a copy of the hearing notice.)
D. 
The Board must advertise the hearing in a local paper in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing. Do not include the date of the publication when counting the 14 days. (Document the name of the paper and the dates of publication.)
E. 
The Board must post the hearing notice in the Town Hall for a period of not less than 14 days before the date of the hearing. (Document when the notice was posted.)
F. 
No more than six months can elapse between the hearing and the Town Meeting vote on the zoning change.
G. 
The Town Meeting warrant must be properly posted: seven days before an Annual Town Meeting; 14 days before a Special Town Meeting.
H. 
The public hearing must be held at least 21 days before the Town Meeting. If not, the Board must submit a report with recommendations or else the amendment cannot be acted upon. The report of the Board is advisory only, but usually carries considerable weight at Town Meeting since it is the Board's responsibility by law to thoroughly evaluate all aspects of the proposal and consider its overall impact on the Town. In its review, the Board may wish to revise the original proposal to take into account testimony received at the hearing or for a variety of other reasons. In its report to Town Meeting, the Board may recommend amendments to the original proposal without another public hearing if the fundamental character and identity of the proposal are not changed but are designed merely to perfect the proposals.
I. 
A two-thirds vote at Town Meeting is required for adoption of a zoning bylaw amendment. Town Meeting may amend the original proposal without a new notice, public hearing, and Board report unless the Town Moderator rules that the amendment is outside the scope of the article or the amendment:
(1) 
Changes the identity or substantial character of the original proposal;
(2) 
Fundamentally departs from the original proposal;
(3) 
Radically differs from the original proposal.
J. 
If the proposed amendment is not favorably acted upon by Town Meeting, it may not be brought back for a period of two years, unless adoption is recommended in the final report of the Board.
K. 
Within 30 days of adjournment of the Town Meeting in which an amendment was adopted, the Town Clerk must submit to the Attorney General a certified copy of the amendment, a statement explaining the Bylaw or Zoning Map change (may be prepared by the Board), and proof that all of the procedural requirements have been followed. The Attorney General has 90 days after submission by the Town Clerk to act on the amendment; if 90 days lapse without action by the Attorney General, the bylaw is deemed approved, unless said ninety-day period is extended in accordance with law.
L. 
After the proposal has received the approval of the Attorney General, it must be published in a Town bulletin or pamphlet and be posted in at least five public places in the Town, or the amendment can be published twice at least one week apart in a newspaper of general circulation in the Town. (MGL Chapter 40, Section 32)
A zoning bylaw amendment legally takes effect immediately upon adoption by Town Meeting. The Attorney General, after receiving notification of the amendment, has 90 days to approve or disapprove the amendment, unless said ninety-day period is extended in accordance with law. The Attorney General may invalidate the amendment in full or in part if it is inconsistent with the Constitution or laws of the commonwealth or if procedures required by law were not followed.