[Massplanners] [EXTERNAL]RE: Everything Old is New Again - Floating Zones

Thu Dec 5 22:38:29 EST 2024

Regarding Floating zones, I would note that G.L. c. 40A s. 3  and G.L. 40A,
s. 4, address the concept of floating zones. G.L. c. 40A, s. 3, states that:

*No provision of a zoning ordinance or bylaw shall be valid which sets
apart districts by any boundary line which may be changed without adoption
of an amendment to the zoning ordinance or bylaw.*

G.L. c. 40A, s. 4 states that:

*Districts shall be shown on a zoning map in a manner sufficient for
identification.*

If you are talking about the "traditional" floating zone that is allowed in
some states where the zoning district floats around in the atmosphere until
a particular set of circumstances arise on a specific property or
properties, at which point the zone floats down and changes the zoning
district on that property without any legislative approval of a map
amendment, then by the language in 40A, 3 and 40A, 4, it would be
prohibited.

Bob Mitchell FAICP
Planning Consultant
Land Use, Planning, Zoning, & Training Programs
151 Tremont Street Suite 23A
Boston, MA 02111
617-512-9751 (c)
MitchellFAICP at gmail.com

On Thu, Dec 5, 2024 at 2:58 PM Ryan, Christopher via MassPlanners <
massplanners at masscptc.org> wrote:

> I agree with that Nate and the only way I can see to reduce the risk is to
> do something that Town Meeting may never consider doing: allowing a map
> change w/o their explicit approval. If the text of the article/amendment
> stated that the effect of approving the floating zone tool would be to
> authorize the Planning Board to “land” a specific instance of an approval
> w/o taking it back to the TM.
>
>
>
> Riiiiiight
>
>
>
> Chris
>
>
>
> *From:* Nate Kelly <nkelly at horsleywitten.com>
> *Sent:* Thursday, December 5, 2024 2:29 PM
> *To:* ruralplanningassociates at crocker.com; Ryan, Christopher <
> cryan at belmont-ma.gov>; 'Mass Planners' <massplanners at masscptc.org>
> *Subject:* [EXTERNAL]RE: [Massplanners] Everything Old is New Again -
> Floating Zones
>
>
>
> CAUTION: This email originated from outside of the organization. Do not
> click links or open attachments unless you recognize the sender and know
> the content is safe.
>
>
>
> One of the reasons why it may be difficult to find floating zones in MA is
> the Town Meeting issue. Floating zones are often “landed” in response to
> developer interest and, in some cases, the project is permitted
> simultaneously with the hearing process for the zoning approval. Doing this
> with Town Meeting is incredibly challenging logistically, timing all of the
> permits and financing with a single win-or-go-home meeting. It would be
> hard to imagine a developer telling his financers, “No problem, all we need
> is a zoning approval at Town Meeting and we’re all set. We can just move
> ahead with $300,000 worth of permitting and design.” Not to mention there
> may be financing mechanisms that have their own deadlines (e.g., tax
> credits).
>
>
>
> That scenario is not the only instance, of course, where a floating zone
> would land. And, obviously, where a City or Town Council can approve
> zoning, it is a bit easier. But in the end, Massachusetts is bound to have
> a tougher time with this tool.
>
>
>
> Looking at this approach outside of the Town Meeting issue, floating zones
> are just a much harder sell these days. It’s a tumultuous and unpredictable
> time for “zoning reform” and developers would be hard pressed to take on
> that risk.
>
>
>
>
>
> *Nathan Kelly, AICP* | *President*
>
> *(he/him)*
> *Horsley Witten Group, Inc.*
>
> One Turks Head Place, Suite 300 | Providence, RI 02903
>
> *Office:* 401-272-1717
>
>
>
> [image: hwg-logo-round text]
> <https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.horsleywitten.com%2f&c=E,1,G1mweaPzdkbLlveHDCwLg3oS3lB77BltDRqE_7eB7XAGT_WT3aMysHlZy2RJxXKwrxI5yi7g2PEQHFfKqMH53gfumDzkO_bMgXVc8w9JsBcIRH5IEcnblkGRuQ,,&typo=1>
>
>
>
>
>
>
>
> *From:* MassPlanners *On Behalf Of *ruralplanningassociates--- via
> MassPlanners
> *Sent:* Thursday, December 5, 2024 1:40 PM
> *To:* 'Ryan, Christopher' <cryan at belmont-ma.gov>; 'Mass Planners' <
> massplanners at masscptc.org>
> *Subject:* Re: [Massplanners] Everything Old is New Again - Floating Zones
>
>
>
> Hi, Chris:
>
>
>
> My understanding of floating zones is they are a scheme that  “floats”
> around up in the ether until the right set of circumstances occurs on the
> ground. Then they come down and take effect.
>
>
>
> One thing I wouldn’t worry about is if floating zones are “authorized” in
> the MA Zoning Act. As we are a home-rule state, all zoning authority is
> presumed to be derived locally, unless contradicted by either the MA
> constitution or statutes. So, you’d be looking for prohibitions in the
> Zoning Act, not authorizations. One place to look would be chapter 40A,
> section 4 Uniform Districts.
>
>
>
> Happy holidays,
>
>
>
> Jeff Lacy
>
> Rural Planning Associates
>
> 896 Graves Road
>
> Conway, MA 01341
>
> ruralplanningassociates at crocker.com
>
> (413) 230-9693
>
>
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Ryan,
> Christopher via MassPlanners
> *Sent:* Thursday, December 5, 2024 1:00 PM
> *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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>
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