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2000
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January
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If Each Lot on the
Plan has Practical and Efficient Access to a Public Way as Required by the
Applicable Zoning Bylaw, the Plan is Entitled to Form A Approval |
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February
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Here's a Way to Give
New Life to Old Buildings |
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March
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What is the Effective
date of a Zoning Amendment? There are Several Answers, Depending Upon the
Circumstances |
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April
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A Zoning Board of Appeals
Finally Triumphs When Higher and Highest Massachusetts Courts Uphold its
Denial of a Variance After a Supreme Court judge Annuls It |
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May
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Does Approval of a
Definitive Subdivision Plan Require an Affirmative Vote by a Majority of
a Quorum of the Board or by a Majority of the Members of the Board? |
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June
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When is a Fee Not a
Fee but an Illegal Tax? |
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July
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Do Neighboring Landowners
of a Proposed Sewage Treatment Plant Have Standing to Challenge the Favorable
Decision of the Secretary of Environmental Affairs to Approve a Final EIR? |
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August
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Can Your Zoning Bylaw
Provide for a "Footprint" Size Limitation for Child Care facilities in Residential
Areas? If You Have Such a Bylaw, Can It, In a Given Instance, Be Found to
Be "Unreasonably Restrictive?" |
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September
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Can a Board Deny Approval
of a Subdivision Plan Where One of the Record Owners Has Failed To Sign
the Application? |
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October
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Can a Board Deny Approval
of a Form A Plan Where Consents and Signatures of All Owners Do Not Appear
and the Owners Fail to Provide Title Information As Required by the Board's
Rules and Regulations? |
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November
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A Case with Three Interesting
Issues: Is Contract Zoning Okay? Is this Rezoning and Instance of Spot Zoning?
What About Defects in the Rezoning Hearing Notice? |
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January
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Standards for Existing
Ways; The AG Disapproves Some Bylaws; Giving the Reasons for Decisions; |
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February
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Special Permit Granting
Authority and Zoning Board of Appeals Procedural Rules and Regulations |
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March
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Primary Uses and Accessory
Uses |
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April
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Siting Telecommunication
Facilities: "A Refreshing Experiment in Federalism": An Appeals Court Ruling
from Our Own First Circuit |
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May
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"...and if the board
finds that the plan does not require such approval, it shall forthwith,
without a public hearing, endorse thereon or cause to be endorsed thereon..." |
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June
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An About Face: Supreme
Judicial Court Reverses Appeals Court on what "Final Action" Means: The
Newton "Stop and Shop" Is Stopped |
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July
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What is a Historic
Preservation Restriction and Why You Might be Interested? |
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August
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What to Watch Out For
When You Write New Bylaws: Here Are Some That Didn't Make It Past the Attorney
General's Desk |
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September
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Patience and Long Range
Vision: The Life and Work of Frederick Law Olmsted |
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October
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A Decision Based on
Procedural Grounds: Failure to Appeal a Planning Board's Definitive Plan
Decision in a Timely Fashion Results in Dismissal |
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November
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When a Landowner Must
Combine Adjacent Lots |
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December
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A New Look at a Plan
that is a Subdivision Lurking in Form A Clothing |
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January
|
Super-Majority Vote
for Site Plan Review? |
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February
|
Jane Jacobs at 81;
Walt Disney's New Town |
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March
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Three More Cellular
Tower Decisions |
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April
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More About How to Deal
with Cell Towers |
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May
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Ways Outside a New
Subdivision |
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June
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Challenging the Decision
of Another Board |
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July
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Can't Expand Your Non-Conforming
Use By Right: How About an Accessory Use? |
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August
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A High-Level Decision
in the Cellular Tower Wars |
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September
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Revisiting Traditional
Neighborhood Development or the New Urbanism |
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October
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Common Driveways |
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November
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Planning Board Easements:
What Does It Take to Make One Binding? |
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December
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The Child Care Facility
Exemption |
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January
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Providing for Regional
Services and Intertown Agreements: Do We Need More? |
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February
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Eight Year Zoning Freeze
Nullified by Automatic Rescission of Subdivision |
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March
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Must a Lot's Frontage
be Continuous? |
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April
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Light Pollution |
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May
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Does the Reason for
an Action Matter? Appeal of a Building Inspector's Decision to ZBA; How
One Establishes a Public Way by Prescription; |
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June
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When Insular Thinking
is Appropriate: Herring Creek/Edgartown |
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July
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Cape Cod Commission
Wins: Reversal on Daddario Case (See November, 1996) |
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August
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County Immunity from
Local Zoning: The Bristol County Jail |
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September
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More about Immunity
of Some Governmental Bodies |
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October
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Two More Tower Cases;
Professional Practice in Residence; An ANR Denial |
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November
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Landowner Exemptions
from Liability: Mass. Recreational Use Law |
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December
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A Subdivision in Two
Adjoining Towns |
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January
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Subdivision Control
Law: Regulations, Waivers, Acceptance of Substandard Road, Building Not
Related to Way; Membership of Board; Appeals |
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February
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Who Has Standing to
Appeal? |
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March
|
Adequate Bylaw Standards
for Special Permits |
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April
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What is Unfavorable
Action? |
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May
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Open Space in a Cluster
Development |
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June
|
Board of Health Refuses
to Allow Guesthouse |
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July
|
Abutter Cannot Use
Discontinued Way (See July, 1995) |
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August
|
What is a Compensable
Regulatory Taking? |
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September
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The River Protection
Act |
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October
|
Cellular Tower in Great
Barrington? |
|
November
|
Regulatory Authority:
Cape Cod Commission Loses (But See July, 1997) |
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December
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Access to Commercial
District from Residential District |
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January
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Ways Which Qualify
for Form A Approval |
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February
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Planning before Downzoning |
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March
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Deed Restrictions |
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April
|
Conflict of Interest
Law/Planning Boards |
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May
|
Changes/Alterations
to Non-Conforming Structures |
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June
|
What a New Planning
Board Member Needs to Know |
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July
|
Abutter's Rights to
Use Discontinued Way (See July, 1996) |
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August
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The Tort Claims Act/Liability
Issues |
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September
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Reasonable Regulation:
Educational and Religious Uses |
|
October
|
Notice Requirements:
Fourteen Days Successive Weeks/Parties in Interest (See also December, 1995) |
|
November
|
Boards of Health and
Title V |
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December
|
Counting the Days |
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Number
1
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Making Findings/Decisions |
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Number
2
|
Attorney General's
Bylaw Review |
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Number
3
|
Earth Removal/Agricultural
Use |
