[Massplanners] ANR frontage along a right-of way through old subdivision lots

[Douglas Finn]

Looks like an approved plan.

Was there a "Form O" release of lots?  Did the planning board certify
completion of the roadway?  Did any of the other lots get developed or
sold?  Are they in common ownership?

Thanks,

- Doug.

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


On Thu, Dec 2, 2021 at 1:57 PM Gisela Walker <gisela.e.walker at gmail.com>
wrote:

> Here is the plan we have, lot 6 and 7 owner wants to build on lot 6.
> Frontage on the other end of the lots is not accessible, steep cliff.
>
>
> Gisela Walker
> 24 Windy Hill Road
> Shelburne Falls MA 01370
> 413-625-2401
>
> On Dec 2, 2021, at 1:53 PM, Jeff Lacy <ruralplanningassociates at crocker.com>
> wrote:
>
> ANR frontage must be from:
> - public way
> - approved subdivision road
> - way in existence when Subdivision Control Law was adopted in the town
> and in opinion of PB is adequate in terms of several listed criteria.
>
> Jeff Lacy
> Rural Planning Associates
> (413) 253-0705
>
> Sent from my iPhone
>
> On Dec 2, 2021, at 1:45 PM, Douglas Finn via MassPlanners <
> massplanners at masscptc.org> wrote:
>
> 
> Gisela -
>
> What does Jim Hawkins say?
>
> Broadly:
>
> The purpose of the Subdivision Control Law is to ensure that a road, where
> laid out to serve new separate parcels, meets minimum requirements for
> breadth, grade, utility delivery, and general access, so as to ensure that
> the houses on the lots can be served by public utilities and public
> emergency services.
>
> One can divide property and create separate lots using the ANR plan
> process; however, lots laid out and sold in that manner - particularly if
> an easement agreement was tacked on after the fact - do not enjoy the
> status as a buildable lot.  Easements do not provide frontage.  In a
> perfect world, ANR plans would not create land-locked parcels, but they
> have, and they do.
>
> - Doug.
>
> Douglas Finn, Assistant
> Edgartown Planning Board
> 70 Main Street, PO Box 5130
> Edgartown, MA 02539
> 508-627-6170
> dfinn at edgartown-ma.us
>
>
> On Thu, Dec 2, 2021 at 1:23 PM Gisela Walker via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> Please help: we continue to be plagued by these old paper subdivisions.
>> Lots were laid out and sold without ever building out the subdivision. They
>> left behind more or less built up access ways which lot owners now need to
>> claim as frontage for ANRs.
>> One such now is an approved ( in 1981)  50 ft wide Right -of- Way across
>> 4 lots and dead ending in a turn- around on the last lot. The R-o-Way is in
>> decent shape as a gravel road that can be refurbished.
>> The owner of the last lot wants to build a house.
>> Question: Can you claim ANR frontage on a right-of-way across several
>> other lots? and Can a dead end turn around serving 5 other lots be located
>> exclusively on one such lot, and can the lot owner claim his frontage to be
>> the circumference of the right of way?
>>
>> Thank you so much for any feedback. We have never processed a real
>> subdivision in this town…
>>
>> Gisela Walker
>> Charlemont Planning Board
>>
>>
>> 24 Windy Hill Road
>> Shelburne Falls MA 01370
>> 413-625-2401
>>
>>
>> --
>> MassPlanners mailing list
>> MassPlanners at masscptc.org
>> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20211202/3e60c711/attachment.htm>