[Massplanners] [EXTERNAL] Friday ANR Question

[Michael McCarthy]

Hi Darlene,

I was looking into something similar recently and my understanding is that these types of 81X/perimeter plans can be filed directly with the Registry without Planning Board review or endorsement, but also, nothing precludes them from being submitted as an ANR plan for endorsement either. The section starting on page 73 in the ANR Handbook helped me out: https://www.mass.gov/doc/the-anr-handbook-approval-not-required-plans/download.

Have a good weekend,
Mike
[cid:image001.png at 01D91162.7B8A2AE0]

Michael McCarthy
Assistant City Planner
Department of City Planning | Room 303
133 William Street New Bedford, MA 02740
508.979.1488 | email: michael.mccarthy at newbedford-ma.gov<mailto:michael.mccarthy at newbedford-ma.gov>




From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Darlene Wynne via MassPlanners
Sent: Friday, December 16, 2022 2:52 PM
To: massplanners at masscptc.org
Subject: [EXTERNAL] [Massplanners] Friday ANR Question

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<mailto:dwynne at beverlyma.gov>

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