Framingham Franklin, LLC v. Town of Framingham Zoning Board of Appeals

Framingham’s sign bylaw was adopted as a general bylaw.

Issue

Can a municipality regulate signs under a General Bylaw adopted pursuant to G.L. c. 93 and c. 43B, even if the General Bylaw includes dimensional and siting requirements arguably akin to zoning regulations, or are sign regulations exclusively governed by G.L. c. 40A?

Challenge

The plaintiff landowner appealed from a decision of the Zoning Board of Appeals requiring the removal of two obsolete freestanding signs from a defunct shopping center, arguing that the Town may not regulate signs under a general bylaw.

Outcome

The Superior Court allowed Framingham motion to dismiss the developer’s appeal, ruling that Framingham had adopted its sign bylaw as a general bylaw, that such adoption was proper, and that the developer had to comply with the order to remove the two large freestanding signs.  This decision was affirmed by the Massachusetts Appeals Court.