THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
(508) 792-7600
(508) 795-1991 fax
www.mass.gov/ago

February 5, 2026
Whitney E. Flynn, Town Clerk
Town of Cheshire
P.O. Box S
Cheshire, MA 01225
Re: Chesire Annual Town Meeting of June 9, 2025 – Case # 12002
Warrant Articles # 31, 32, and 34 (Zoning)
Warrant Article # 30 (General)1
Dear Ms. Flynn:
Articles 31, 32, and 34 – We approve Articles 31, 32, and 34 from the June 9, 2025
Cheshire Annual Town Meeting. Our comments on Article 34 are below.
Article 34 - Under Article 34, the Town amended its zoning by-laws, Section 225-9.2,
“Flood Hazard District regulations,” to comply with the latest Federal Emergency Management
Agency (FEMA) requirements for communities that choose to participate in the National Flood
Insurance Program (NFIP).
The text in the Flood Hazard District regulations by-law appears to follow the
“Massachusetts 2020 Model Floodplain Bylaw” provided by the Massachusetts Department of
Conservation and Recreation (“DCR”) Flood Hazard Management Program.2 The DCR Flood
Hazard Management Program is the state coordinating office for the NFIP. According to DCR’s
website, they provided the Model Floodplain Bylaw to Massachusetts communities “to assure that
their local bylaws…contain the necessary and proper language for compliance with the NFIP”.
For this reason, we approve Article 34. The Town should consult with Town Counsel and the DCR
Flood Hazard Management Program regarding the application of the amended Section 225-9.2.
1 In a decision issued on October 23, 2025, we approved Article 30 and placed Articles 31, 32, and 34 on “299
hold” under G.L. c. 40, § 32 due to a procedural defect in their adoption. On January 27, 2026, we received the
Town Clerk’s certification that the Town had followed all notice and publishing requirements of G.L. c. 40, §
32 and no claims were received for these Articles. The Attorney General is therefore authorized to, and does,
waive the procedural defect for Articles 32, 32, and 34.
2 See https://www.mass.gov/guides/floodplain-management#-2020-massachusetts-mo.2
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town
has first satisfied the posting/publishing requirements of that statute.
Very truly yours,
ANDREA JOY CAMPBELL
ATTORNEY GENERAL
Tasheena M. Davis
By: Tasheena M. Davis
Assistant Attorney General
Municipal Law Unit
10 Mechanic Street, Suite 301
Worcester, MA 01608
[email protected]
413-523-7704
cc: Town Counsel Donna MacNicol

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