[Massplanners] Municipal Use of Non-Buildable Land

[Jon Goddard]

Good afternoon, MassPlanners,

 

I think we frequently examine the various factors that define a parcel’s
suitability for building (or, at least, I’m often asked to do so!) but was
recently asked if a municipal park could be constructed at a non-buildable
property currently under private ownership.  In this case, the non-buildable
status is only by virtue of its landlocked condition, although adequate access
for the proposed use is present by easement.  The contemplated park program is
by-right under zoning and would not require any structure for human occupancy,
with the improvements limited to vehicular drives/aisles, parking, fencing,
walkways, signage, and potentially a small solar PV array over a few parking
spaces.

 

TL;DR – Does the non-buildable status of a property alone reach beyond building
(structures) for any type of human occupancy and restrict intensification of a
land-based use [Ag/Forestry/etc. notwithstanding]?  My inclination is that this
would be regulated (or not) locally but thought it would be best to tap into the
hive mind.


Truly and always appreciated,

 

Jonathan Goddard

 

Southwick Town Planner | Stormwater Coordinator

(413) 569-6056 Planning

(413) 569-3040 ext. 305 Public Works

jgoddard at southwickma.gov
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