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Bill > S888


MA S888

MA S888
Relative to standing to file certain appeals in the superior or land court


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to certain appeals in the Superior Court and the Land Court. The Judiciary.

AI Summary

This bill proposes to amend Section 17 of Chapter 40A of the General Laws, which deals with zoning, by adding a new paragraph that clarifies who has the right to appeal decisions made by zoning boards. Specifically, it states that anyone appealing a zoning decision, unless they are an applicant challenging conditions on a permit, must prove they are "aggrieved," meaning they have suffered a direct and substantial harm. The bill clarifies that simply being a neighbor ("abutter") or a neighbor of a neighbor within 300 feet is not enough to be considered aggrieved. Furthermore, any such appeal will be dismissed unless, within 45 days of filing, the appellant provides a detailed affidavit explaining the specific harm to their property interest, identifies witnesses, and presents supporting documents. If the alleged harm involves issues like traffic or drainage, the affidavit must be supported by an expert, such as an engineer, who can testify about the impact on the appellant's property. This change aims to ensure that only those genuinely affected by zoning decisions can bring appeals, potentially streamlining the process in courts like the Superior Court and Land Court.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

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