[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

[Daniel Fortier]

Below is a link to 2000 memo from Edy Netter that could provide some help.
Personally, I prefer the incentive zoning route. Cleaner authorization in
Ch 40 S 9.

Dan Fortier, AICP
Retired Planner




https://archives.lib.state.ma.us/bitstream/handle/2452/264115/ocn906039942.pdf#:~:text=The%20Massachusetts%20Zoning%20Act%20expressly%20authorizes%20incentive%20zoning
.,authorization%20for%20inclusionary%20zoning%20may%20not%20be%20necessary.

On Tue, Mar 19, 2024, 5:58 PM Paul Dell'Aquila via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
> --
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> MassPlanners at masscptc.org
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>
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