[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

[Katharine Lacy]

Municipalities do indeed have IZ that applies to subdivisions, but I
haven’t found a single land use lawyer that would sanction that. Step back
a minute and consider what the subdivision control law actually regulates
as opposed to 40A. Proceed with caution!

On Tue, Mar 19, 2024 at 11:01 PM Richard McCarthy via MassPlanners <
massplanners at masscptc.org> wrote:

> Paul,
>
> What does it say in the applicability section?
>
> Rich McCarthy
> Norfolk Town Planner
>
> Sent from my iPad
>
> On Mar 19, 2024, at 6:57 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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