[Massplanners] ANR Question

William G. Constable buzz at awperry.com
Wed Aug 11 12:12:35 EDT 2021


Richard, et.al. --
As a veteran of the Zoning Reform movement - at least two decades old - I believe that most observers agree that broad change to MGLc 40A is very unlikely in the foreseeable future.  ANR has been a foundational matter for homebuilders and other developers, so use of your zoning bylaw to regulate larger ANR subdivisions is unlikely.
               However, you might consider seeking Town General By-law requiring review by the Bd of Selectmen and Bd of health before any building permit is issued involving land which has been subdivided via DNR in the past five (three, or ten?) years, and requiring a note to that effect on any ANR plan for an aggregate of more than five (three, or ten?) lots - note that it must include serial ANR plans to come under the numerical threshold.  The public interest in reviewing curb cuts, groundwater quality and public water supply would, I suggest, make such a bylaw defensible.
               My two bits
Buzz Constable


William Constable
17 Old Lexington Rd.
Lincoln, MA 01773
617-719-1771

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Kristina Johnson
Sent: Wednesday, August 11, 2021 11:53 AM
To: Tim Czerwienski <tczerwienski at townofmilton.org>; Richard Clark <rpclark508 at aol.com>; massplanners at cs.umb.edu; massplanners at masscptc.org
Subject: Re: [Massplanners] ANR Question

Hello Tim, et.,al.,

The legislation that you are referencing is from several years ago and is no longer in play. There are currently no  bills this session that deal with ANR reform. As you can imagine, comprehensive  zoning reform is difficult because it's complicated and generates immediate opposition given its size, scope, and subject matter. APA-MA and MAPD have filed legislation  this session relative to zoning reform, two of which received hearings: codifying a framework for site plan review and lowering the voting threshold for all zoning amendments (which is written as an opt-in for municipalities unlike Housing Choice).

Hope this helps clarify the status of zoning reform.

Best,
Kristina

Kristina Johnson,AICP
Director of Planning and Community Development
President, Mass. Association of Planing Directors
Town of Hudson,MA
Cell: 857-939-3427
Office. 978-562-2989
________________________________
From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> on behalf of Tim Czerwienski <tczerwienski at townofmilton.org<mailto:tczerwienski at townofmilton.org>>
Sent: Wednesday, August 11, 2021 11:37 AM
To: Richard Clark; massplanners at cs.umb.edu<mailto:massplanners at cs.umb.edu>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] ANR Question

ANR reform was a plank in the wide-ranging Zoning Reform package that came tantalizingly close to passage a few years ago. I'm sure others on this listserv have more insight into where that stands right now.

https://www.mapc.org/planning101/support-the-house-zoning-and-housing-initiative/<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.mapc.org%2fplanning101%2fsupport-the-house-zoning-and-housing-initiative%2f&c=E,1,mzc9ae1hS4LkHgw_eT8TSFbcPzL78xUHD5d6eSDrWv-wujdh25kIrehpgObp5XiRo6dC3ZaLtLwCaHKv3sd2s_qss3b9yP6M1yOeXC1PH_zlmivWrQ,,&typo=1>

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Richard Clark
Sent: Wednesday, August 11, 2021 11:00 AM
To: massplanners at cs.umb.edu<mailto:massplanners at cs.umb.edu>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] ANR Question

[External Email- Use Caution]
Hello All,

Our town's Master Plan identified a concern with regards to ANR's. It notes, "The Town should have a mechanism in place that allows for the municipal review of major residential development proposals, that is multiple lots (five or more) being created along the frontage of an existing Town road." The ANR process does not allow for any such review.

Has anyone else dealt with this concern and if so how has it been addressed?

Thank you,
Richard Clark, Town of Dudley Planning Board


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