[Massplanners] Massplanners] ANR's and sidewalks

[Douglas Finn]

Just a thought, but isn't it possible, in keeping with the state statute,
that the town/city adopt a standard for any non-public road... such as:

A private right-of-way, a way in existence, or other path intended for use
> in the ways streets are used in _____ ("ROW") shall be considered to have
> "sufficient width, suitable grades and adequate construction to provide for
> the needs of vehicular traffic" in accordance with Chapter 41 of the
> General Laws, if it meets the following criteria:



- a minimum of four feet of width for each side, reserved for pedestrian
> and bicycle use, plus
> - a minimum of two feet of width exclusively reserved as a shoulder for
> each side;

- a minimum of eight feet of width exclusively reserved for each travelled
> lane, plus
>


The ROW must be free of obstruction such as trees, boulders, walls, hedges,
> branches, or other items that may prevent free passage, from the ground
> level to a height of fourteen feet, for the entire width of the ROW as
> defined above, and along the entire length of the ROW.



Ways that do not meet this minimum criteria shall be deemed not to provide
> frontage for any bordering land.



This shall apply to any divisions of land proposed on or after ______.


That means a two-way ROW must have no less than 28 feet of width.  If not,
it does not meet the local definition of 'sufficient width, suitable grades
and adequate construction..." and won't provide frontage (required for ANR
endorsement).

This would not affect any existing lots - a buildable lot today remains
buildable tomorrow, even if the road isn't adequate - so no taking.  It
would only come into play upon an owner's request to divide - or subdivide
- the lot.

Time and again, courts have upheld the municipality's right to
determine the adequacy of a way in existence.  In this case, it's far more
defensible, as it is very specific and clearly delineated.

Just a thought from where I sit.

- 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 Sat, Sep 11, 2021 at 3:32 PM B via MassPlanners <
massplanners at masscptc.org> wrote:

> Wayne
>
> Is that something you folks do?  My wheels started turning along those
> lines when I read Richard and Rich's emails.
>
> Another thought--with increasing attention on bike and ped access, maybe a
> land use dedication statute focused on frontage strips might get a little
> traction in the legislature. In any case, sends another signal as to how
> unbalanced land use regulation is in Massachusetts.
>
> Bill Fitzgerald
> Avon DPW
>
> On Sat, Sep 11, 2021, 2:34 PM Wayne Feiden via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> Or forget ANRs and amend your zoning to define frontage for zoning
>> purposes as including sidewalks, with a special permit relief value for
>> times when the right-of-way is not wide enough to accommodate sidewalks.
>> You would still probably need to approve ANRs, but who cares if they can’t
>> get a building permit?
>>
>> Wayne Feiden, FAICP
>> Director of Planning & Sustainability
>> City of Northampton
>>
>> Forgive typos. This is from my small phone.
>>
>> On Sep 11, 2021, at 1:54 PM, Town Of Norfolk via MassPlanners <
>> massplanners at masscptc.org> 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> 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
>>
>>
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