[Massplanners] ANR Question

[Douglas Finn]

So, I think that my point might have not quite been clear:

The intention of the zoning language that I proposed is that lots created
by ANR would AUTOMATICALLY be unbuildable lots - non-conforming, if you
will - and remain so UNTIL so certified by the Planning Board.

The law says that folks by right can divide property with ANR.  Ok.  But if
you want buildable lots, you need Planning Board determination of same -
site plan review, maybe public notice to abutters, and compliance with
reasonable conditions for approval...

- Doug.

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 Fri, Aug 13, 2021 at 10:01 AM Elizabeth Ware <eware at dracutma.gov> wrote:

> Dracut requires language on the plan which states “The Planning Board is
> not making a zoning determination.”  If the owner is crazy enough to make
> plan changes to create a non-conformity, this will trigger a number of
> responses, including lack of ability to construct, non-compliance of the
> property with zoning, a trip or two to the ZBA, etc.
>
>
>
> The owner will pay in the end………….whether its inability to sell a
> property, trips to the ZBA with an attorney, land that triggers “infectious
> invalidity” (isn’t that a great term?)
>
>
>
> Betsy Ware
>
>
>
> Director of Community Development
>
> Town of Dracut
>
> Tel: 978-453-4557
>
>
>
> *From:* MassPlanners [mailto:massplanners-bounces at masscptc.org] *On
> Behalf Of *Douglas Finn
> *Sent:* Friday, August 13, 2021 9:50 AM
> *To:* Richard Clark <rpclark508 at aol.com>
> *Cc:* massplanners at cs.umb.edu; massplanners at masscptc.org
> *Subject:* Re: [Massplanners] ANR Question
>
>
>
> *[EXTERNAL]* This message originated from outside the Town of Dracut. Use
> caution when opening attachments, clicking links or responding to requests
> for information.
>
> 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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>
>
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