[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

Nipun Jain NIPUN at amesburyma.gov
Tue Mar 19 19:58:13 EDT 2024


Just look up including housing regulations in MA and you will find several zoning provisions that apply to subdivisions as well. It obviously depends on how inclusionary zoning regulations and provisions are written in your code.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Paul Dell'Aquila via MassPlanners
Sent: Tuesday, March 19, 2024 6:56 PM
To: MassPlanners at masscptc.org
Subject: [Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

Good afternoon –
Although it seems counter-intuitive to me, Town Counsel is saying that our Inclusionary Zoning bylaw can not be applied to subdivisions, since they are authorized under different sections of MGL. A veteran Planning Board member thinks otherwise and the issue will come up at our April meeting. Not to circumvent Counsel, but does anybody have any evidence to support or contradict their opinion? I fear I will not be able to explain this to the Planning Board without citations or examples.
Thanks!
Paul Dell’Aquila
Boylston Town Planner
Notice: Please be aware the Massachusetts Secretary of State has determined that most emails to and from the City of Amesbury are public records and therefore cannot be kept confidential.
MGL: Chpt.66, Sec.10 Public Records Law.<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section10/>
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