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"Rezoning by Another Name"

​Zoning regulations are often contentious discussion points because of the many different goals that zoning can serve.  Zoning disputes are seldom as simple as pro-growth or anti- growth, but we all benefit from strengthening our understanding of zoning regulations because of its impact on every resident and those who want to live in Wellesley. The insufficient housing supply across many areas in Massachusetts further emphasizes the importance of exploring opportunities for increasing housing supply through land use reform, but that does not imply nor automatically assume zoning regulations protecting single family neighborhoods should be targeted. Such consequential ideas need to be done in a thoughtful manner that considers the impact to residents who have cultivated, supported and cared for their town to make it such a desirable place to live. Housing costs alone are not the only barrier to entry into multiple townships as there are often higher costs such as land, excise and other taxes along with higher local cost of living.

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APPROVAL NOT REQUIRED

An ANR (Approval Not Required) is the division of land into lots with frontage on existing roads, whether public or private, or simply reconfiguring lot lines on existing conforming plots. The Planning Board endorses ANRs certifying that approval under the Town's Subdivision Regulations is not required.

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Unlike a subdivision which is the creation of a new road(s) to create frontage for new lot(s), a Form A - ANR is a plan endorsed by the Planning Board that creates new lot(s) by dividing an existing lot and using an existing road for frontage and conforming lot size.

 

 

How this applies to our Town of Wellesley and the Cliff Estates Neighborhood:

On Monday August 26th, Peter Holland provided a new Zoom presentation to the Planning Board regarding 489 Worcester Street. Below we have posted the new lots that were approved by ANR. These new lots were approved by the Planning Board as is required. Neighbors has no understanding of what will be built or how some of the reconfigured lots will be combined for use in the future. Residents at this Planning Board meeting share concerns regarding the developers’ lack of transparency. Mr. Holland was not forthcoming despite being asked directly how they plan to use these reconfigured plots. We most all want to keep a close eye on this project's future. Neighbors will be following this development, and we will communicate our position on any future plan discussions. It is important to remember that Neighbors has always said "these lots are zoned for single family structures and we support compliance with this zoning framework, as long as there are protections for the abutting wetlands and conform with Town restrictions." Attached is the revised plot plan approved by The Planning Board.

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Introduction from the ANR Handbook, 2010, created by the State of Massachusetts:

(This copy of The ANR Handbook is published by the Division of Community.  Link: ANR Handbook​). 

“Perhaps no other aspect of the Subdivision Control Law has caused more controversy and headaches at the local government level than the concept of Approval Not Required (ANR) Plans. Over the years, the Department of Housing and Community Development has received numerous inquiries relative to the approval not required process. The most common question asked by local officials is under what circumstances are plans entitled to an endorsement from the Planning Board that "approval under the Subdivision Control Law is not required."

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In response to such requests, several issues of the Land Use Manager reviewed the legislative history and relevant case law dealing with Approval Not Required Plans. Due to the response to the Land Use Manager series, it was decided that a publication focusing on this issue would be beneficial to municipal officials, landowners and other interested parties

who deal at the local level with the ANR process. In 1990, the Executive Office of Communities and Development prepared and distributed a publication entitled ANR Plans Not Requiring Approval Under the Subdivision Control Law. This publication is the revised edition of that document.

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It must be recognized that this publication cannot cover all possible situations. Whenever a question of legal interpretation arises, we would suggest that local officials seek the advice of their municipal counsel.”​

We are watching for any future development plans for 489. There may be a need for legal advice once again, as developers clarify their construction intentions. If the developer’s future plans include violations of Neighbor’s stated mission to protect the environmental sanctity and security of our neighborhoods, Neighbors for Better Planning will need to ask again for contributions to help secure further legal and other professional assistance. We will be in touch about this depending on the future outcomes.

Updated Plan: ​

Updated 489 Worcester Street proposal from the developer, Victor Sheen.

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