28:. By limiting what zoning requirements apply to land and structures that hold these uses, the Dover Amendment makes it easier for these uses to build structures to serve their needs. The Dover Amendment allows many developers to build facilities that are substantially larger than zoning laws would ordinarily allow or which would be considered inappropriate, by some, for the neighborhood .
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Considered by many to be overly broad, the exemption granted by the Dover
Amendment has been narrowed somewhat by recent court decisions. While a corporation must merely be nonprofit and legally able to engage in educational activities to be considered a "nonprofit educational corporation," the
62:(Acts of 1979, Chap. 565 and Acts of 1980, Chap. 387) allowing it to regulate educational and religious uses of property, which Cambridge then incorporated into its zoning laws.
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actual use of a particular facility must have education as the “primary or dominant purpose" to qualify for Dover protection. See
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24:(MGL) Chapter 40A, Section 3. This law exempts agricultural, religious, and educational uses from certain
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has referred to an exemption for the city on occasion. The
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Whitinsville
Retirement Society, Inc. v. Northbridge
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100:Zoning in the United States
56:Massachusetts General Court
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80:The Dover Amendment online
22:Massachusetts General Law
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20:is the common name for
95:Massachusetts statutes
26:zoning restrictions
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89:Categories
40:Exemptions
60:Cambridge
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66:Notes
16:The
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