[Massplanners] New 40A/18 - Low & Moderate Income Veterans Preference

Thu Jun 12 10:58:28 EDT 2025

Good morning all:

I’ve had a client inquire about this new section in 40A and whether any municipalities have seen any projects proposing to make use of it. Anyone seen anything yet? Thanks!

All the best,
Matt

Matthew J. Lawlor
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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Emily Holmberg via MassPlanners
Sent: Thursday, June 12, 2025 9:30 AM
To: Jeff Lacy <ruralplanningassociates at crocker.com>; 'Edgartown Planning Board' <planningboard at edgartown-ma.us>
Cc: 'Mass Planners' <massplanners at masscptc.org>
Subject: Re: [Massplanners] [EXTERNAL] ANR Question

CAUTION:

EXTERNAL EMAIL

________________________________
Jeff,

I think I first heard the term over 30 years ago – do not remember exactly when or from who, but I believe it was an attorney while I was working at Huntley Associates in Northampton.

My understanding is a zoning violation of one lot on an ANR plan infects any otherwise conforming lots created by the plan.

It is referred to in Bobrowski on page 389, which is online at Google Books,

 www.google.com/books/edition/Handbook_of_Massachusetts_Land_Use_and_P/UkAeXDrZu-sC?hl=en&gbpv=1&dq=%22Infectious+invalidity%22&pg=PA389&printsec=frontcover<http://www.google.com/books/edition/Handbook_of_Massachusetts_Land_Use_and_P/UkAeXDrZu-sC?hl=en&gbpv=1&dq=%22Infectious+invalidity%22&pg=PA389&printsec=frontcover>

Emily

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From: Jeff Lacy <ruralplanningassociates at crocker.com<mailto:ruralplanningassociates at crocker.com>>
Sent: Wednesday, June 11, 2025 7:38 PM
To: Emily Holmberg <EHolmberg at holmberghowe.com<mailto:EHolmberg at holmberghowe.com>>; 'Edgartown Planning Board' <planningboard at edgartown-ma.us<mailto:planningboard at edgartown-ma.us>>
Cc: 'Mass Planners' <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: RE: [Massplanners] [EXTERNAL] ANR Question

Emily:

“Infectious Invalidity” sounds like something Don Schmidt cooked up (back in the day).

But, as I mentioned in my earlier post, wouldn’t the invalidity be limited to the adjacent 20K lot only? That lot would be wed to the 10K occupied lot in order to keep at least 20K around the house.

Where are the “Bobs” on this one? That be Mitchell and Ritchie!

Best regards,

Jeff Lacy
Rural Planning Associates
896 Graves Road
Conway, MA 01341
(413) 230-9693 (cell)
ruralplanningassociates at crocker.com<mailto:ruralplanningassociates at crocker.com>

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Emily Holmberg via MassPlanners
Sent: Wednesday, June 11, 2025 6:56 PM
To: Edgartown Planning Board <planningboard at edgartown-ma.us<mailto:planningboard at edgartown-ma.us>>
Cc: Mass Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: Re: [Massplanners] [EXTERNAL] ANR Question

This scenario brings up one of the terms in zoning that I just like the sound of “infectious invalidity”.

The 10K lot that includes the existing house as pointed out creates a zoning violation. That zoning violation infects the other lots shown on the plan which causes them to be invalid building lots. No building permits should be issued for any of the lots – even if the ANR technically meets the requirements for endorsement by the Planning Board.

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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Amy via MassPlanners
Sent: Friday, June 6, 2025 10:11 AM
To: Mass Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [EXTERNAL] [Massplanners] ANR Question

Say your town requires 20K sq ft lots and 100 feet of frontage. There is currently a home on a 70K lot. To make it easy, lets picture a rectangular lot and the house is all the way on the left side of the lot and currently meets all zoning regulations,

Say your town requires 20K sq ft lots and 100 feet of frontage.  There is currently a home on a 70K lot.  To make it easy, lets picture a rectangular lot and the house is all the way on the left side of the lot and currently meets all zoning regulations, all the land to the right side is wooded and buildable.

The owner brings forth an ANR splitting the one lot into 4.  The 3 new lots (to the right) meet current zoning, 20k lot size and 100 feet of frontage.  The original lot with the house is now only 10k. but meets the 100 ft frontage requirement. The engineer just stamps "unbuildable lot" on the lot with the original house.  This lot already has a house so they don’t care.  Is this allowed?

What if it was reduced to 10K and the frontage also fell under the required 100 ft, would this be allowed if stamped "unbuildable"?

Thanks for your input.

Amy Poretsky
Northborough PB Chair

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