[Massplanners] ANR & Law Revocation Question
Douglas Finn
dfinn at edgartown-ma.us
Mon Aug 16 07:43:03 EDT 2021
First sentence of Sec 81N of Ch 41 (emphasis added for... clarity?):
"Section 81N. Except as provided in section eighty-one EE, *the subdivision
control law shall be in effect in every city, except Boston, and every
town, which prior to the first day of January, nineteen hundred and
fifty-four, established a planning board *as defined in section eighty-one
L, *or which after said date establishes a planning board* under section
eighty-one A *unless such city or town by vote of its city council or town
meeting at the time of establishment of such board shall vote not to accept
the provisions of the subdivision control law.*"
I could be wrong, but this sounds to me like the Town has a single
opportunity to reject subdivision control law. Can a town opt out
afterward? Not sure...
FWIW: Bobrowski confirms that towns can opt in, confirms the
responsibility of the Planning Board to establish rules, but is silent on
the issue of opting out. Maybe because no city or town ever has?
- Doug.
Douglas Finn, Administrative Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us
On Sun, Aug 15, 2021 at 1:57 PM B <bfitzgerald.ma at gmail.com> wrote:
> I really, really recall SCL being opt in. There are still some
> communities...urban mostly, who never adopted it and work through other
> mechanisms.
>
> But, as you say, interesting legal question. Though should be easy to
> figure out.
>
> On Fri, Aug 13, 2021, 2:08 PM Buzz Constable <buzz.constable at gmail.com>
> wrote:
>
>>
>> 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
>>>
>>> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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