[Massplanners] Municipal Use of Non-Buildable Land

[Karen Pollastrino]

If the site is accessible by easement, it isn't "landlocked". The question is does the easement allow for the passage and repassage of vehicles and would your proposed use of the site "over-burden" the easement, the answer to which would require a legal opinion.

Karen Pollastrino
Mino Development Corporation

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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Jon Goddard via MassPlanners <massplanners at masscptc.org>
Sent: Wednesday, August 28, 2024 1:01:49 PM
To: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [Massplanners] Municipal Use of Non-Buildable Land


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<mailto:jgoddard at southwickma.net>


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