[Massplanners] Rescind an approved Definitive Subdivision Plan?

Tue Aug 2 19:00:06 EDT 2022

Assuming the original subdivision approval was automatically rescinded, there are no ways - public or private - to be 'erased'.  Even if the original subdivision plan was recorded, that plan is no longer valid, as it relied on the approval of the subdivision to be legitimate.

With the rescission of hte subdivision approval, the property's status reverts to what it was before the application was submitted.  Filing a new perimeter plan (allowable even without municipal involvment - see Ch. 41 Sec. 81X) simply clarifies that status.

Respectfully,

- Doug.
-----------------------------
Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
413-203-3086
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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of cityplanner--- via MassPlanners <massplanners at masscptc.org>
Sent: Tuesday, August 2, 2022 3:51 PM
To: 'Rick Collins' <rickcollins77 at gmail.com>; 'jeff theburkottgroup.com' <jeff at theburkottgroup.com>
Cc: 'Mass Planners' <massplanners at masscptc.org>
Subject: Re: [Massplanners] Rescind an approved Definitive Subdivision Plan?

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Hi Jeff,

Yes, the plan can be rescinded even though it’s been recorded – see MGL Ch. 41 §81U.

Given your second question involving the developer, the best course of action would be for the developer to file an MGL Ch. 41 §81W plan. An ANR would not work, as it cannot erase or undo if you may a way that was laid out as part of an approved subdivision under subdivision control law. The essence of an ANR is A Plan Believed Not To Require Approval Under Subdivision Control Law – the only way to change the geometry of a way or to eliminate it is by an amended subdivision plan, hence §81W.

I hope this helps.

Gary

_____________________________________

Gary G. Ayrassian, Director

Department of Planning & Development

City of Attleboro | City Hall - Government Center |

77 Park Street | Attleboro, MA  02703 |

p: 508.223.2222 x 3143 | f: 508.222.3046 |

cityplanner at cityofattleboro.us<mailto:cityplanner at cityofattleboro.us> |

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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Rick Collins via MassPlanners (massplanners at masscptc.org)
Sent: Tuesday, August 2, 2022 2:40 PM
To: jeff theburkottgroup.com<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2ftheburkottgroup.com&c=E,1,ciX9NmGqsij0ig1xSBadJX3u6rQYzegMYTmvvLKhfFvkFwPYA6Zg2cSYEZuamL19JQr2GyAZY1-caYJlTgDC14cA7AkDy-R0gpmWkdTYGm2_&typo=1&ancr_add=1> <jeff at theburkottgroup.com>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] Rescind an approved Definitive Subdivision Plan?

Interested in answers, particularly involving covenants

On Tue, Aug 2, 2022, 1:42 PM jeff theburkottgroup.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2ftheburkottgroup.com&c=E,1,19rGXoBFulcbbDVohLeR5FVv4VFpd4SdnNJoZ553wwHzLgu6ocHglFU-gKOQWV-yCMPaTNoTh92p3Uu9bflun0nAmiCLQI0ui9_SAXW00Zk,&typo=1> via MassPlanners <massplanners at masscptc.org<mailto: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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