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  • Writer's pictureAmend Dover Advocate100

H 1765 would codify an important ruling in MA courts.


https://www.natlawreview.com/article/mass-legislature-weighs-changes-to-zoning-act-quick-decision-plaintiff-s-standing: H. 1765 would write into Chapter 40A, Section 3 the Appeals Court’s holding in The Southern New England Conference Association of Seventh-Day Adventists v. Town of Burlington (pdf), that the “Legislature did not intend that § 3 of c. 40A exempt a religious use from lawful wetlands control under a local zoning by-law.” That holding has been assumed to cover not only religious but also educational uses, which are listed in the same paragraph of Section 3.


See: https://www.massdirtlaw.com/wp-content/uploads/2019/08/The-Southern-New-England-Conference-Association-of-Seventh-Day-Adventists-v.-Town-of-Burlington.pdf

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