Salisbury, Mass., Code of Bylaws ch 145 § 145-13

A. The provisions of this section regarding the discontinuance of the use of part or all of the land owned and licensed as a mobile home park shall apply to all mobile home parks and mobile home park accommodations. B. When used in this bylaw the term "discontinuance" shall include any change of use or discontinuance of the use of part or all of the land owned and licensed as a mobile home park requiring a two-year notice pursuant to MGL c. 140, § 32L(8) . The term "discontinuance" shall include, but is not limited to, the licensee's conversion of the mobile home park, or part thereof, to a condominium or cooperative corporation. C. It shall be unlawful for any person to discontinue the use of part or all of the land owned and licensed as a mobile home park without having first obtained a discontinuance permit from the Board of Selectmen subject to the provisions contained in this bylaw. D. Application for discontinuance permit. (1) The Board of Selectmen shall consider an application for a discontinuance permit for a mobile home accommodation upon receipt of an application filed by the licensee or other authorized person. The Board of Selectmen shall forward said application within 14 days to the Rent Control Board. (2) The Rent Control Board shall schedule a public hearing within 65 days of receipt of the application. Notice of the time and place of such public hearing, and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the Town of Salisbury once in each of two successive weeks, the first publication to be not less than 14 days before the date of the public hearing, and by posting such notice in a conspicuous place in Town Hall for a period of not less than 14 days before the day of said hearing. The Rent Control Board shall also notify all tenants living in the affected mobile home accommodations of the time, place and subject matter of the public hearing. No defect in the form of any notice under this section shall invalidate any grant or denial of a discontinuance permit unless such defect is found to be misleading. (3) No vote by the Board of Selectmen to grant or deny a discontinuance permit shall be taken until a report with recommendations by the Rent Control Board has been submitted to the Board of Selectmen or 21 days after said hearing have elapsed without submission of such report. After such notice, hearing and report, or after 21 days shall have elapsed after such hearing without submission of such report, the Board of Selectmen may vote to grant or deny the discontinuance permit. If the Board of Selectmen fails to vote on the proposed discontinuance permit within 90 days after such hearing, no action shall be taken thereon until after subsequent public hearing is held with notice and report as above provided. (4) No discontinuance permit may be granted except by a majority vote of the Board of Selectmen. (5) Notwithstanding any other provisions of this section, the Rent Control Board may, without holding a hearing, recommend the denial of a discontinuance permit if a decision has been made with regard to the discontinuance of a mobile home park accommodation within the preceding 12 months, and if the park licensee fails, in the new application, to allege a substantial change of circumstances since the previous hearing which would merit the Rent Control Board in hearing new evidence. In addition, the Rent Control Board may recommend denial of the discontinuance permit without holding a hearing if the application is not in conformance with the requirements of this section or other applicable regulations. E. In determining whether to recommend that the Board of Selectmen grant or deny a discontinuance permit the Rent Control Board shall consider the aggravation of the shortage of safe, decent and affordable mobile home park accommodations in the Town of Salisbury which may result from the discontinuance, especially for tenants of low and moderate income and handicapped or elderly persons on fixed incomes. (1) In making such determination the Rent Control Board shall make findings of the following factors: (a) The benefits and detriments to the persons whom this bylaw and this section seek to protect; (b) The hardships imposed on the tenants residing in the mobile home accommodations proposed to be discontinued; (c) Circumstances demonstrating hardship and inequity to the licensee seeking a discontinuance permit; (d) The rate of vacancy of mobile home accommodations in the Town of Salisbury at the time the licensee applies for a discontinuance permit and the average rental rates for said available accommodations; (e) The availability of land zoned and otherwise suitable for development or expansion of mobile home parks. (2) The Rent Control Board, in its discretion, may also review other relevant factors in making its report and recommendations. (3) For the purposes of this section, the "vacancy rate" shall be defined as that percentage of the mobile home park accommodations which is empty of mobile homes and is offered for rental to mobile home tenants. Further, to be considered a "vacancy" the rental offer of the mobile home park accommodation must be without entrance fee, without restrictions as to the age, size or character of the mobile home, and without a requirement that the prospective tenant purchase a mobile home from the park owner. (4) In its report, the Rent Control Board shall determine the current vacancy rate for comparable mobile home park accommodations in the Town of Salisbury. Any parties involved may submit evidence presented to the Rent Control Board at the public hearing. F. General provisions. (1) The licensee or applicant seeking a discontinuance permit must make application to the Board of Selectmen for said permit within 30 days of serving the tenants with the notices required under the provisions of MGL c. 140, § 32L(8) . (2) Notwithstanding the above, no eviction certificate shall be issued by the Rent Control Board because of the discontinuance of the use of all or a part of a mobile home park unless a discontinuance permit has been issued by the Board of Selectmen. (3) The provisions of this bylaw shall not apply to mobile home parks which have sent out notices of a change of use or discontinuance under the provisions of MGL c. 140, § 32L(8) prior to the effective date of this bylaw.