Zoning-Additional public comment - Mar 30 2015 — File 198934

CITY OF SOMERVILLE, MASSACHUSETTS LAW D EPARTMENT Honorable Board of Aldenllen City Hall 93 Highland Avenue Somerville, MA 02143 March 30, 2015 RE: Order No. 198707 -- Additional public comment period for zoning Dear Honorable Board Members: You have asked whether the Board of Aldermen may receive additional public comments outside the scope of a public hearing conducted under G. L. c. 40A, when adopting a zoning ordinance. In my opinion, the Board of Aldel111en may lawfully do so, provided that the specified procedure in G. L. c. 40A is otherwise followed. Under G. L. c. 40A, s. 5, zOhing ordinances may "be adopted and trom time to time changed by amendment, addllion or repeal, but only in the manner hereinafter provided:' that is, by following the technical procetiures out lined therein. Rayco Investment Corp. v. Board of Selectmen of Raynham, 368 Mass. 385 (1975). No zonlllg proposal may be adopted without a public hearing. The purpose of the public hearing is to give interested persons a chance to express their views and opinions. See Gricus v. Superintendent & Inspector of Buildings of Cambridge, 345 Mass. 687 (1963) Woods v. City of Newton, 351 Mass. 98 (1966). While I have been unable to locate any case law directly on point, there is nothing in the statute which prohibits the Board of Aldel111en from permitting additional public comment outside the scope of a public hearing conducted under G. L. c. 40A. In my opinion, in the absence of a statutory prohibition, provided that the specified procedure is otherwise fo llowed, allowing additional public comment would withstand judicial scrutiny on the grounds that it constitutes an additional layer of comment that does not contradict G. L. c. 40A. Please let me know if you have any additional questions. cc: Francis X. Wright, Jr, City Solicitor George Proakis, Planning Director David Shapiro Assistant City Solicitor ONE CALL I> CITY HAU $OMERVlLLE CiTY H ALL ' 93 H IGHLAND AVENUE ' $OMERVlLLE, M ASSACHUSETTS 02143 [ID[]][]] .". ~ t [phone removed], EXT. 4400' TTY: [phone removed] • FAx: (6 17) 776-8847 .... ~~ SO~E~VILLE www.somervillema.gov • E-mail: Law@somervillema.gov