[Massplanners] ANR Question

[B]

Interesting, as zoning determinations are not typical subject to public
notice and scrutiny.   There are a few other zoning determinations that
could benefit from public notice, sunshine.

Bill Fitzgerald
Avon DPW

On Fri, Aug 13, 2021, 10:33 AM Douglas Finn <dfinn at edgartown-ma.us> wrote:

> 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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>
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