[Massplanners] ANR's and sidewalks - Ideas Please

[Douglas Finn]

Hrm...

The statute reads "...a way in existence when the subdivision control law
became effective in the city or town in which the land lies, having, in the
opinion of the planning board, sufficient width, suitable grades and *adequate
construction* to provide for *the needs of vehicular traffic *in relation
to the proposed use of the land abutting thereon or served thereby..."

The "adequate construction" almost looks like it has possibility, but its
modified by "the needs of vehicular traffic"...  unless you can solidly
make the case that a sidewalk is a necessary component to allow for "the
needs of vehicular traffic"...

Is a bicycle considered a vehicle?  Perhaps, then, a paved shoulder of no
less than two feet, denoted by a white painted 'fog line' might be
defensible?

- 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 Sun, Sep 12, 2021 at 11:15 AM Carolyn Britt via MassPlanners <
massplanners at masscptc.org> wrote:

> Could you define a "way" in your zoning to include improvement for
> pedestrians and bicycles? Then when the PB is considering whether the way
> is of adequate width, grade, and construction it could find that the
> vehicle portion is but the pedestrian portion is not?
>
> A few years ago in Rockport we developed a regulation stating what would
> be considered an adequate way as guidance for people owning land on all the
> dirt back roads with boulders intruding. Why couldn't an adequate
> pedestrian way be rolled into this type of mechanism?
>
> I am looking to you attorneys out there who comment on these type of
> issues with intelligence to comment on this. Thank you.
>
> Carolyn
>
> Carolyn Britt, AICP
> Community Investment Associates
> P.O. Box 235
> Ipswich, MA 01938
> (978) 356-2164
> (978) 317-2145 (cell)
> (978) 356-9881
>
> On 9/11/2021 1:51 PM, Town Of Norfolk via MassPlanners wrote:
>
> Richard,
>
> There isn’t anyway. You can’t condition an ANR. The statute is pretty
> clear. I do agree it’s a flaw. There are wonderful things about
> Massachusetts that I love but our inability to get land reform done isn’t
> one on them. In one person’s opinion our governance structure is the real
> barrier. Local control verse state control not even county control is the
> pull and tug battle.
>
> Regards,
>
> Rich Mccarthy
> Town planner
>
>
>
> Sent from my iPhone
>
> On Sep 11, 2021, at 12:41 PM, Richard Clark via MassPlanners
> <massplanners at masscptc.org> <massplanners at masscptc.org> wrote:
>
> 
> Hello All,
>
> I'm going to take a second bite of the apple with this one. I earlier
> asked if anyone had or knew of a way to require sidewalks on an ANR lot. We
> have in our Rules and Regulations a requirement for sidewalks in a
> subdivision, but nothing with regards to ANR lots. I see this as a major
> deficiency as these ANR lots are on public ways where pedestrian traffic is
> more likely. A public way is most a link to locations of interest.
> I do thank those of you who replied to my earlier query. There was, as I
> recall mention of legislation that was not enacted. Action by the General
> Court may well be a solution - someday. What I am looking for is something
> that can be done today.
>
> Thank you and Be Well,
> Richard Clark, Town of Dudley Planning Board
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
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>
>
> --
> Carolyn Britt, AICP
> Community Investment Associates
> P.O. Box 235
> Ipswich, MA 01938
> (978) 356-2164
> (978) 317-2145 (cell)
> (978) 356-9881
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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