[Massplanners] Everything Old is New Again - Floating Zones

Daniel Fortier daniel.j.fortier at gmail.com
Thu Dec 5 13:25:18 EST 2024


Chapter 40A Section 9 provides some opportunity for this:

Zoning ordinances or by-laws may also provide for special permits authorizing increases in the permissible density of population or intensity of a particular use in a proposed development; provided that the petitioner or applicant shall, as a condition for the grant of said permit, provide certain open space, housing for persons of low or moderate income, traffic or pedestrian improvements, installation of solar energy systems, protection for solar access, or other amenities. Such zoning ordinances or by-laws shall state the specific improvements or amenities or locations of proposed uses for which the special permits shall be granted, and the maximum increases in density of population or intensity of use which may be authorized by such special permits.

​Dennis used this for our affordable housing zoning. Typical single family zoning is relaxed in exchange for a 25% affordable set aside. Zoning relaxes units per acre, setbacks, frontage, lot width, etc. Essentially, the "density", 15% lot coverage, 2.5 stories, remains and allows the project to use this maximum floor space (density) more creatively.

Daniel Fortier, AICP
Retired Planner

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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Ryan, Christopher via MassPlanners <massplanners at masscptc.org>
Sent: Thursday, December 5, 2024 11:59:34 AM
To: 'Mass Planners' <massplanners at masscptc.org>
Subject: [Massplanners] Everything Old is New Again - Floating Zones


Rather than resuscitate Performance Zoning (sorry Lane Kendig) or Equity Planning (sorry Norm Krumholz), I thought it might be interesting to see if floating zones have any relevance today for specific applications.



First of all, does anyone know if this tool is explicitly permitted as per 40A?



If so, is anyone using it in MA?



I know it is used in Connecticut and NY but can’t find any MA examples.



Thanks in advance.
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