Any social gathering concerned in an enchantment of a Massachusetts zoning resolution ought to know the opportunity of zoning enchantment bonds for circumstances involving a particular allow, variance, or website plan resolution.
Interesting a Zoning Determination
Zoning selections in Massachusetts are made on the native degree by particular person cities and cities. Relying on the actual aid, an applicant for zoning aid should apply to the suitable zoning board of enchantment, planning board, or different administrative board. These boards maintain a public listening to on the matter and problem a written resolution with findings of truth and legislation.
A celebration dissatisfied with a zoning resolution can enchantment such a matter. Zoning appeals are civil lawsuits filed, most frequently, in Land Court docket or Superior Court docket, the place the claimant is asking the court docket to find out whether or not the native zoning board exceeded its authority in issuing the zoning resolution. If the court docket agrees that the zoning board exceeded its authority, it will possibly invalidate (“annul”) such a choice.
Zoning Attraction Bonds
Massachusetts zoning legislation permits events defending zoning appeals in court docket to request zoning enchantment bonds. Per G.L. c. 40A, § 17:
The court docket, in its discretion, could require a plaintiff in an motion underneath this part interesting a choice to approve a particular allow, variance or website plan to publish a surety or money bond in an quantity of no more than $50,000 to safe the fee of prices if the court docket finds that the hurt to the defendant or to the general public curiosity ensuing from delays brought on by the enchantment outweighs the monetary burden of the surety or money bond on the plaintiffs. The court docket shall take into account the relative deserves of the enchantment and the relative monetary technique of the plaintiff and the defendant.
Importantly, the requirement for such bonds is discretionary, not obligatory. A court docket “in its discretion” could require such a bond, and the legislation permits the court docket to think about a number of components in making such a choice. For my part, the “relative deserves of the enchantment” will probably be the make-or-break consider such a choice by the court docket. Typically, notably for variances, one can decide the probability of success in interesting a zoning matter just by reviewing the zoning board’s written resolution.
The aim of zoning enchantment bonds is to defer frivolous zoning appeals dropped at stall improvement initiatives. A typical criticism from actual property builders is that Massachusetts’s zoning legislation too simply permits claimants to provoke zoning appeals, which may delay actual property initiatives for appreciable time. Zoning enchantment bonds require claimants interesting a zoning resolution to have some “pores and skin within the sport” by posting a money bond.
Conclusion
Contact me for a session in the event you want help with a zoning enchantment.
