[Massplanners] ANR & Law Revocation Question

Fri Aug 13 14:08:00 EDT 2021

> Bill –
>
                  Ah, yes -- the marathon o fzoning reform has more years
than the Boston Marathon has miles.....

>                I believe that any law which a community has to accept can
> later be rejected, unless the statute provides to the contrary; however,
> you should confirm that with town counsel.
>
>                However, MGLc 41 §81K, et.al., the Subdivision Control
> Law, as well as most sections of MGLc 40A, the Zoning Act, are mandatory,
> including I believe both ANRs and grandfathering. No rejection allowed,
> although one could always seek special legislation for an exemption.  Good
> luck on that.
>
>                As for Doug’s idea that all ANR – divided lots are
> unbuildable until the PB certifies otherwise – I would anticipate some
> legal fight, but it's an interesting idea.
>
>
>
> Regards
>
>
>
> Buzz
>
>
>
> William Constable
>
> 17 Old Lexington Rd.
>
> Lincoln, MA 01773
>
> 617-719-1771
>
>
>
> *From:* B <bfitzgerald.ma at gmail.com>
> *Sent:* Friday, August 13, 2021 12:32 AM
> *To:* William G. Constable <buzz at awperry.com>
> *Cc:* massplanners <massplanners at cs.umb.edu>; Mass Planners <
> massplanners at masscptc.org>; buzz.constable at gmail.com
> *Subject:* Re: [Massplanners] ANR Question
>
>
>
> Buzz
>
>
>
> 20 years? Don't sell you (and I) short, ha. Hope you are well.
>
>
>
> Question I've asked in the past and never seen an answer...if a community
> has to accept a law, can they repeal that acceptance? (Assuming for a
> second nothing in the law says they can't?).  I wonder what happens to ANR,
> grandfathering, etc?
>
>
>
> Changes the balance for land use reform?
>
>
>
> Bill Fitzgerald
>
> Avon DPW
>
>
>
> On Wed, Aug 11, 2021, 12:41 PM William G. Constable <buzz at awperry.com>
> wrote:
>
> 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
>
>
>
> *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> on behalf of Tim
> Czerwienski <tczerwienski at townofmilton.org>
> *Sent:* Wednesday, August 11, 2021 11:37 AM
> *To:* Richard Clark; massplanners at cs.umb.edu; 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> *On Behalf Of *Richard
> Clark
> *Sent:* Wednesday, August 11, 2021 11:00 AM
> *To:* massplanners at cs.umb.edu; 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
>
>
>
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
>
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