[Massplanners] Rescind an approved Definitive Subdivision Plan?

[Rick Collins]

Interested in answers, particularly involving covenants

On Tue, Aug 2, 2022, 1:42 PM jeff theburkottgroup.com via MassPlanners <
massplanners at masscptc.org> wrote:

> 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 Could it be rescinded if the plan has been recorded?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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