[Massplanners] Friday ANR Question

[Darlene Wynne]

Hello Planners,

Hoping to clarify something new to me for our Assessor's office. Is it
permissible for recording of a plan that shows the removal of a lot line (2
lots into 1 lot) under common ownership, and that has sufficient frontage
and access, without any Planning Board endorsement/approval?

I'm looking to this paragraph in Ch. 41 Section 81X
Notwithstanding the foregoing provisions of this section, the register of
deeds shall accept for recording and the land court shall accept with a
petition for registration or confirmation of title any plan bearing a
certificate by a registered land surveyor that the property lines shown are
the lines dividing existing ownerships, and the lines of streets and ways
shown are those of public or private streets or ways already established,
and that no new lines for division of existing ownership or for new ways
are shown. The recording of any such plan shall not relieve any owner from
compliance with the provisions of the subdivision control law or of any
other applicable provision of law.


The recorded plan includes a certification as referenced (highlighted)
above. Our Board has reviewed/endorsed so-called perimeter plans in the
past. The Subdivision Control Law deals with the *division* of lots into
two or more lots, but doesn't reference combination of lots. Would the
removal of a lot line be the creation of a new (different) lot, thus
requiring review?

Thank you,

Darlene Wynne, AICP

*City of Beverly*

*Director of Planning & Development*

*978-605-2341*

*dwynne at beverlyma.gov <dwynne at beverlyma.gov>*



*--*


*When responding, please be aware that the Massachusetts Secretary of State
has determined that most email is public record and therefore cannot be
kept confidential. *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20221216/17bc1b2b/attachment.htm>