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

Fri Dec 6 08:14:40 EST 2024

Thanks Bob

I think that confirms that any “traditional” floating zone would require a 3 step process:

  1.  Pass the floating zone bylaw
  2.  Use the bylaw to process an application for a specific parcel or district.
  3.  Go back to Town Meeting to approve the map change.

It’s admittedly awkward and as Nate suggests, would likely be too risky for an applicant.

Happy Friday

Chris

From: Bob Mitchell <mitchellfaicp at gmail.com>
Sent: Thursday, December 5, 2024 10:38 PM
To: Ryan, Christopher <cryan at belmont-ma.gov>; Mass Planners <massplanners at masscptc.org>
Cc: Nate Kelly <nkelly at horsleywitten.com>; ruralplanningassociates at crocker.com; Daniel Fortier <daniel.j.fortier at gmail.com>
Subject: [EXTERNAL]Re: [Massplanners] [EXTERNAL]RE: 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.

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<mailto:MitchellFAICP at gmail.com>

On Thu, Dec 5, 2024 at 2:58 PM Ryan, Christopher via MassPlanners <massplanners at masscptc.org<mailto: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<mailto:nkelly at horsleywitten.com>>
Sent: Thursday, December 5, 2024 2:29 PM
To: ruralplanningassociates at crocker.com<mailto:ruralplanningassociates at crocker.com>; Ryan, Christopher <cryan at belmont-ma.gov<mailto:cryan at belmont-ma.gov>>; 'Mass Planners' <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [EXTERNAL]RE: [Massplanners] Everything Old is New Again - Floating Zones

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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

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From: MassPlanners On Behalf Of ruralplanningassociates--- via MassPlanners
Sent: Thursday, December 5, 2024 1:40 PM
To: 'Ryan, Christopher' <cryan at belmont-ma.gov<mailto:cryan at belmont-ma.gov>>; 'Mass Planners' <massplanners at masscptc.org<mailto: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<mailto:ruralplanningassociates at crocker.com>
(413) 230-9693

From: MassPlanners <massplanners-bounces at masscptc.org<mailto: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<mailto: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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