NES Life Member
- Feb 26, 2005
- 90% in NH
It's been a few years since I was involved in the development issues of town government, but I doubt that the above is legal. It was my understanding that if one applied for a permit prior to a change in zoning, that any new zoning reg did not apply to that development. In fact, my MA town tried this trick on the company that developed the area where I live in MA, then denied the permit. The developer sued in Land Court and won. This was early 1950s.UPDATE!
From the mayor’s newsletter …
. . .
It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.
Why are we not prohibiting gun stores everywhere in Newton?
The City Council has broad authority to regulate all land uses in Newton, including the location of firearms dealers. That said, in light of the nature of the issues and the implications of Constitutional protections, it may be reasonable to expect that the more restrictively firearm sales are regulated, the more likely such regulations will be subject to a court challenge.