[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

[ruralplanningassociates at crocker.com]

Paul and all:

 

Check c. 41, §81M Purpose of law (Subdivision Control Law). “The powers of the planning board … under the subdivision control law shall be exercised with due regard for … insuring compliance with the applicable zoning ordinances or bylaws …”  

 

I have written many Natural Resource Protection Zoning (NRPZ) bylaws that attach exclusively to subdivision applications – zoning for subdivisions, if you will. These have all been approved by the Atorney Genera’s Municipal Law Unit.

 

Jeff Lacy

Rural Planning Associates

896 Graves Road

Conway, MA 01341

(413) 230-9693

 

 

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Katharine Lacy via MassPlanners
Sent: Wednesday, March 20, 2024 9:23 AM
To: Richard McCarthy <rmccarthy at norfolk.ma.us>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

 

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 <mailto: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 <mailto: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 <mailto:MassPlanners at masscptc.org> 
http://masscptc.org/mailman/listinfo/massplanners_masscptc.org

-- 
MassPlanners mailing list
MassPlanners at masscptc.org <mailto:MassPlanners at masscptc.org> 
http://masscptc.org/mailman/listinfo/massplanners_masscptc.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20240320/9db2f1ce/attachment.htm>