Agenda - Planning Commission - 11/03/2011

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September 25, 2011 I Volume 5 I No. 18 Spenlinhauer appealed. DECISION: Vacated and matter remanded. Zoning Bulletin The Appeals Court of Massachusetts held that the Town Ordi- nance imposing limits on overnight parking was a matter for regulation through the Town's zoning power, not through its general ordinance. The court further held that the Ordinance was therefore invalid because it was not promulgated in accordance with the requirements of G.L. c. 40A. The court explained that "[t]he distinction between zoning and other regulations is not an empty formality." Valid zoning measures can be im- plemented only by following the procedures spelled out in G.L. c. 40A. "Moreover, changes in zoning ordinances protect some prior existing uses ... but general ordinances typically do not." Therefore, if a town uses its general police power to adopt an ordinance that is a matter for regulation through the town's zoning powers without following the pro- cedures contained in c. 40A, the ordinance is invalid. Here, the court concluded that the parking component of the chal- lenged Ordinance was a matter of regulation though the Town's zoning power, not through its use of a general ordinance because: (1) historical- ly, prior to the adoption of the Ordinance, the Town had regulated off- street parking through its zoning bylaws; (2) the Town historically and currently regulates all other aspects of parking under its zoning bylaws; and (3) at the hearings adopting the Ordinance, there was no mention of public health issues, only concerns over character and quality of neigh- borhoods —"precisely the target at which the [T]own's zoning ordinance is so thoroughly and comprehensively aimed." "Against that backdrop," the court found: "the town's attempt to use its general ordinance power to regulate off-street parking undercut[] 'the assorted protections con- tained in' c. 40A, in the process of frustrating the purposes for which c. 40A was enacted." The court vacated the superior court's judgment and remanded the matter for entry of judgment in accordance with its decision. The court also vacated the Town board of health orders against Spenlinhauer. See also: Rayco Inv. Corp. v. Board of Selectmen of Raynham, 368 Mass. 385, 331 N.E.2d 910 (1975). Zoning News from Around the Nation MARYLAND Governor Martin O'Malley has proposed new land development rules known as the "PlanMaryland" proposal. The plan, which report- edly would not require legislative approval, is being billed as "a strategy to more effectively implement `smart growth' and prevent sprawl." The 10 © 2011 Thomson Reuters