[Massplanners] ANR & Law Revocation Question
Jeffrey Robert Levine
jrlevine at mit.edu
Mon Aug 16 09:38:06 EDT 2021
IIRC Somerville “opted out” sometime around 1990 in order to try to eliminate preexisting nonconforming lots (a new zoning ordinance downzoned much of the city at that time, as their policy in the 90’s was “de-densification”). I think repealing local application of c41 s81K etc. required legislative approval, and left open the question of whether the City could regulate subdivisions at all.
While the City had a site plan process to review subdivision of land, there was nothing stopping a landowner from filing a subdivision that didn’t go through that process at the registry, and some thought that if you don’t have subdivision control under the c41 you can’t regulate subdivisions. I remember at least one situation where this came up in the early 2000’s.
Anyone who remembers the details feel free to correct me!
Jeff
Jeff Levine, AICP (he/him)
Lecturer in Economic Development & Planning
Department of Urban Studies & Planning
Room 9-511
jrlevine at mit.edu<mailto:jrlevine at mit.edu>
https://mit.zoom.us/my/jeff.levine
@JLevineDUSP
(617) 253-3964
[MIT-Logo]
From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Douglas Finn
Sent: Monday, August 16, 2021 7:43 AM
To: B <bfitzgerald.ma at gmail.com>
Cc: massplanners <massplanners at cs.umb.edu>; Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] ANR & Law Revocation Question
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<mailto:dfinn at edgartown-ma.us>
On Sun, Aug 15, 2021 at 1:57 PM B <bfitzgerald.ma at gmail.com<mailto: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<mailto: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<http://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<mailto:bfitzgerald.ma at gmail.com>>
Sent: Friday, August 13, 2021 12:32 AM
To: William G. Constable <buzz at awperry.com<mailto:buzz at awperry.com>>
Cc: massplanners <massplanners at cs.umb.edu<mailto:massplanners at cs.umb.edu>>; Mass Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>; buzz.constable at gmail.com<mailto: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<mailto:buzz at awperry.com>> wrote:
Richard, et.al<http://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<mailto: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<mailto:tczerwienski at townofmilton.org>>; Richard Clark <rpclark508 at aol.com<mailto:rpclark508 at aol.com>>; 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
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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