[Massplanners] Rescind an approved Definitive Subdivision Plan?

[jeff theburkottgroup.com]

To all:


Back in the early 2000's our Planning Board approved a Definitive subdivision plan extending a road into a parcel and creating two parcels, thereby creating three parcels including the extension/cul-de-sac. As part of the approval, the applicant had to record the plan with the Registry of Deeds along with the Decision and accompanying Covenant, which they did. Fast forward 18 years, the road was never extended and parcels never developed. An item added to the Covenant (written by others) stated that the construction of all ways and installation of services shall be completed on or before **** 2007, unless the Board grants an extension of time (which the Board never did)... and failure to complete without such extension shall automatically rescind approval of the Plan.


Could it be rescinded if the plan has been recorded?  Does the Covenant rule? Does it even matter at this point as it was not constrcuted?


But simply, the developer no longer seeks two have the two-lot subdivision and cul-de-sac, and desires the parcel to be "one" once again. What is the best course of action? Would an ANR work in dissolving the three parcels (inc. cul-de-sac)?



 Thanks in advance.



Jeff Burkott, Holyoke Planning, Principal Planner

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