[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

[Daniel Fortier]

Thanks Russell,  I knew there was a case that was on point. I know many
communities have ignored this case, but I have always recommended the
Special Permit density bonus provisions which are found in 40A 9 and also
consistent with all the exaction case law in MA.

Daniel Fortier,  AICP
Retired Planner

On Tue, Mar 19, 2024, 8:24 PM Russell Burke <rburke at bscgroup.com> wrote:

> Hi Paul,
>
>
>
> You may wish to review the following case decided by the Mass Appeals
> Court which determined that special permit requirements for conventional
> Subdivisions are in conflict with the uniformity requirements of MGL Ch
> 40A, S 4 and therefore are invalid.  Most inclusionary provisions apply to
> units created through a prescribed zoning action or incentives via the
> issuance of a special permit.
>
>
>
> WALL STREET DEVELOPMENT CORPORATION vs. PLANNING BOARD OF WESTWOOD &
> another (and two companion cases.
>
> 72 Mass. App. Ct. 844
>
> April 17, 2008 - October 14, 2008
>
> http://masscases.com/cases/app/72/72massappct844.html
>
>
>
> *Russell J. Burke, AICP *
>
> Special Projects Manager
>
> 1 Mercantile Street, Suite 610 / Worcester, MA 01608
>
> O: 508-792-4500 / D: 617-896-4510/ C: 617-633-3590
>
> *rburke at bscgroup.com <rburke at bscgroup.com>*
>
> www.bscgroup.com
>
>
>
>
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Daniel
> Fortier via MassPlanners
> *Sent:* Tuesday, March 19, 2024 8:19 PM
> *To:* Paul Dell'Aquila <psdplans at gmail.com>
> *Cc:* Listserv (massplanners at masscptc.org) <MassPlanners at masscptc.org>
> *Subject:* Re: [Massplanners] Does Inclusionary Zoning NOT apply to
> Subdivisions?
>
>
>
> 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
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
>
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