Agenda - Planning Commission - 04/04/2013

Home

February 10, 2013 I Volume 7 I Issue 3 Zoning Bulletin Case Note: HSG had also alleged that the County's zoning decision constituted a taking of HSG's property. The court rejected these allegations, finding that HSG did not have the neces- sary element of a constitutionally protected property interest in its right to apply for a mining permit or permit amendment because DEQ retained discretion as to permit issuance. Zoning News from Around the Nation MASSACHUSETTS Multiple communities have requested, by letters to the governor and other state representatives, a delay in the implementation of the Commonwealth's new medical marijuana law, "until proper rules and regulations have been set forth by the Department of Public Health (DPH)." Under the new law, "standards and regulations must be adopted through the DPH within 120 days" from when the law went into effect —which was January 1, 2013. The municipalities contend that without a delay in implementation of the new law, they would be obligated to "manage the medical marijuana dispensary process for four months without any guidance from the state." Source: Tri -Town Transcript; www.wickedlocal.com NEW HAMPSHIRE State Representative, Katherine Rogers, reportedly plans to introduce "a bill for next year that would require projects by the state and other governments, such as cities and school districts, to conform to Local land -use rules." Currently, under state law, "projects don't need to comply with local land -use rules as long as they represent a `governmental use' by the state or a city, town, county, school district, public university, community college or village district. Projects that aren't a governmental use but are located on public land don't enjoy that exemption." Source: Concord Monitor; www.concordmonitor.com NEW JERSEY State Assemblyman Peter Barnes reportedly plans to introduce a bill that would establish a state agency charged with assuming much of the authority for rebuilding shore towns battered by super -storm Sandy. Such an agency would purportedly "take over planning and zoning for all coastal communities, render- ing their own planning and zoning boards moot." Local officials are concerned that such a commission would usurp the power of local officials, and "add an- other layer of bureaucracy and compliance on top of existing rules, regulations and compliance standards." Source: NJ.com; www.nj.com 12 © 2013 Thomson Reuters