[Massplanners] ANR Question

[Douglas Finn]

A few thoughts -

So, ANR endorsement must be given, even if a lot is not in conformity with
zoning -- ref: Smalley v. Planning Board of Harwich, 10 Mass. App. Ct. 599
(1980).

So, how about a zoning bylaw that says -

"Notwithstanding any other section of the Zoning Bylaw, any lot created by
a division of land  after {date of bylaw enactment} that was not subject to
review and approval under the subdivision control law shall not be
considered a conforming building lot.  For the purpose of this Zoning
Bylaw, any division of land that adds to or takes away less than 10% of the
land area of a lot shall not be considered a division of land."

Then, add a section that talks about how lots can be "certified" as
buildable lots:

Through "Site Plan Review", check for compliance with
- the Zoning Bylaw,
- the General Bylaw of the Town,
- the rules, policies and procedures of the Town Water Department,
- the Town Wastewater Department,
- the Board of Health and Highway Department

Certification of same can be recorded at the Registry, and run with the
land.

?

Douglas Finn, Administrative Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us



On Wed, Aug 11, 2021 at 11:01 AM Richard Clark <rpclark508 at aol.com> wrote:

> Hello All,
>
> Our town's Master Plan identified a concern with regards to ANR's. It
> notes, "The Town should have a mechanism in place that allows for the
> municipal review of major residential development proposals, that is
> multiple lots (five or more) being created along the frontage of an
> existing Town road." The ANR process does not allow for any such review.
>
> Has anyone else dealt with this concern and if so how has it been
> addressed?
>
> Thank you,
> Richard Clark, Town of Dudley Planning Board
>
>
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