Agenda - Planning Commission - 04/05/2018

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Zoning Bulletin February 25, 2018 I Volume 12 I Issue 4 between the local and State provisions." Here, the court found that the legisla- tive purpose of the aeronautics code of "fosterling] . . . private flying" did not suggest a legislative intent to encourage the development of private heliports and landing areas on private property. Contrary, found the court, since land use regulation has long been recognized by the Legislature to be a prerogative of local government, the court concluded that it would "not infer that the enactment of the aeronautics code reflects a clear legislative intent to preempt all local zoning bylaws that might affect noncommercial private restricted landing areas based on the risk of frustrating the legislative purpose of fostering private flying." Nor was the court "persuaded that the Legislature, by granting the [D]ivision `general supervision and control over aeronautics,' [under] G. L. c. 90, § 39, intended to preempt all local land use regulation that might affect the use of land for private heliports." Accordingly, the court concluded that "there [was] no clear legislative intent to preempt local zoning enactments with respect to noncommercial private restricted landing areas, and that a city or town does not need the prior ap- proval of the [D]ivision to enforce a zoning bylaw that requires some form of approval, variance, or special permit for land to be used as a private heliport." Thus, the enforcement order against Roma was upheld. See also: Town of Harvard v. Maxant, 360 Mass. 432, 440, 275 N.E.2d 347 (1971). See also: Town of Wendell v. Attorney General, 394 Mass. 518, 476 N.E.2d 585 (1985). Historic District —Property owners raze and reconstruct house located in historic district but not individually listed on state or national historic registers Abutting neighbors sue, arguing new house violates state historic -district regulations, and seeking injunction for modifications to new house Citation: McDowell v. Sapienza, 2018 SD 1, 2018 WL 285839 (S.D. 2018) SOUTH DAKOTA (01/03/18)—This case addressed the issue of whether historic -district regulations applied to a property owner's new home con- structed in an historic district, despite the fact that the home was not listed on . state or national historic registers. The Background/Facts: The McKennan Park Historic District of Sioux Falls ("McKennan Park") is a historic property listed on the national register of historic places. In 2014, Joseph and Dr. Sarah Sapienza (the "Sapienzas") © 2018 Thomson Reuters 5