Agenda - Planning Commission - 10/04/2012

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Zoning Bulletin July 10, 2012 Volume 6 1 No. 13 The court concluded that Carlin's subsequent enforcement request "could not resurrect the neglected appeal for which she possessed actual or construc- tive notice." It said her failure to timely appeal within thirty days of the issu- ance of the permit on September 11, 1999, required the entry of summary judgment in favor of Cohen (and the board) and dismissal of her complaint. See also: Gallivan v. Zoning Bd. of Appeals of Wellesley, 71 Mass. App. Ct. 850, 887 N.E.2d 1087 (2008). Case Note: The court also concluded, as an independent ground of decision, that the doctrine of !aches applied to bar Carlin's appeal. The doctrine of !aches says that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (e.g., here, harmed Cohen). Here, the court found that Carlin's delay was "unjustified, unreasonable, and prejudicial." Case Note: The plaintiff -appellant in the case was actually John W. Richardson, the bankruptcy trustee for Carlin's estate. For simplification, the appeal was referred to as Carlin's. Zoning News from Around the Nation PENNSYLVANIA After a recent hearing, "[a] constitutional challenge by seven municipalities to Pennsylvania's new law regulating the growth of natural gas exploration is in the hands of seven Commonwealth Court judges." "The heart of the argu- ment is the extent of the state's power to tell municipalities where they must allow drilling -related activity, including rigs, waste pits, pipelines and the compressor and processing stations that help move gas from the underground Marcellus Shale formation in Pennsylvania to consumers across the northeast- ern United States. Among the objectionable provisions cited by the towns' March 29 lawsuit are requirements that drilling, waste pits and pipelines be al- lowed in every zoning district, including residential districts, as long as opera- tors observe certain buffers." Source: Bloomberg Businessweek; www.businessweek.com VIRGINIA Governor Bob McDonnell recently signed several bills into law, which went into effect July 1, 2012. Included in those new laws are: (1) HB869/SB 274- Urban Development Areas —making incorporation of urban develop- ment areas optional rather than mandatory; and (2) HB 1216- Zoning Amend- ment Notices on Federal or State Lands —providing that when a proposed amendment to the zoning ordinance involves a tract of land of not less than ©2012 Thomson Reuters 11