By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 1965) of David Paul Linsky and others relative to the granting of special permits under the zoning laws in cities and towns.  Municipalities and Regional Government.

The Commonwealth of Massachusetts

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PETITION OF:

David Paul Linsky

William G. Greene, Jr.

J. James Marzilli, Jr.

Michael E. Festa

James B. Eldridge

Karen E. Spilka

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In the Year Two Thousand and Seven.

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An Act allowing special permits granting authorities to receive mitigation funds.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 9 of chapter 40A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:—

Zoning ordinances or by-laws may provide, in connection with the granting of special permits and the imposing of conditions thereof, which conditions may require the payment of monies to perform such conditions, that notwithstanding the provisions of sections 53 and 54 of chapter 44, or any other general or special law to the contrary, that the special permit granting authority may be authorized to receive such monies and deposit same in special accounts or funds, held by the treasurer separate from the city or town’s general fund and said authority may spend sums out of such special accounts or funds, to perform or carry out the terms of such condition, in order to accomplish the specific purposes stated in such condition. Interest earned on any such accounts shall accrue to, and be included as part of, the principal.