Policy Order O-9

WHEREAS: The first advertisement for the Bishop Petition's Ordinance Committee hearing was August 18, 2011; and

WHEREAS: The first advertisment for the Planning Board's hearing on the Bishop Petition was August 25 , 2011; and

WHEREAS: The plans for Special Permit #258 (Cambridge Lumber redevelopment) fail to conform with the Bishop Petition in, at least, height; and

WHEREAS: MGL 40A, Section Six states: "a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-law;" and

WHEREAS: Per MGL 40A Section Six, the Planning Board did not have the legal authority to approve Special Permit #258 on September 6, 2011;  and

WHEREAS: The City Council refiled the Bishop Petition on November 21, 2011; and

WHEREAS: This refiling, because it resulted in a new first publication of notice of a new public hearing for this newly refiled zoning petition, did not cover the already applied for, and granted, Cambridge Lumber redevelopment Special Permit; now therefore be it

ORDERED: That the City Manager be and hereby is requested to confer with the Law Department to have the Law Department send the Planning Board and Community Development Department Staff instructions stating that for a Special Permit to be approved, said Special Permit must, per State law, comply with all parts of a pending zoning amendment and that if the Special Permit application does not fully apply the Planning Board may either

ORDERED: That the City Manger be and hereby is requested to confer with relevant City Staff and report back to the City Council with a legal opinion on what zoning advice City Councillors should give the public when considering to refile a pending zoning petition and what impact the refiling might have on either pending Permits or Permits that have been granted but which were applied for after the first advertising of the zoning petition in question; and be it further

ORDERED: That the City Manager be and hereby is requested to confer with the Law Department to have the Law Department send the Building Commission instructions stating that state law requires that unless building construction has been commenced within 6 months of issuance of a permit, all zoning, including new amendments, must be complied with; and be it further

ORDERED: The the City Manager be and hereby is requested to confer with the Law Department and report back to the City Council on any possible mischaracterizations of state zoning law in this Council Order.