[Massplanners] Does Inclusionary Zoning NOT apply to Subdivisions?

[Brian Szekely]

The Danvers IZ bylaw includes all types of new units, which includes any
new units associated with a subdivision or other type of
coordinated development. This was passed and approved by the AG in 2021.

Best,
 Brian Szekely
 Planning Director
 1 Sylvan Street
 Danvers, MA 01923
(978) 777-0001 x3019



On Wed, Mar 20, 2024 at 9:45 AM ruralplanningassociates--- via MassPlanners
<massplanners at masscptc.org> wrote:

> 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> 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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-- 
In our profession, a plan that everyone dislikes for different reasons is a
success. A plan everyone dislikes for the same reason is a failure. And a
plan that everyone likes for the same reason is an act of God.
-Richard Carson
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