[Massplanners] Putting House on "Not a Building Lot" Parcel

[Richard Harris]

Since ANR Endorsement is not a finding as to compliance with zoning, the
"Not a Building Lot" notation is advisory to potential buyers that they
need to investigate. There are several options for addressing the issue
that the note gives notice about:

1)The owner could have sought a variance which, if granted, would have made
it buildable
2) If the Zoning Bylaw were revised to reduce the frontage, it would be
buildable.
3) If the Building Commissioner determined it met the frontage requirement,
they could issue a building permit,

I don't see a need for any further action on the ANR Plan for the purposes
of obtaining a building permit. HOWEVER, the owner should submit a new ANR
Plan without the note so that prospective buyers don't have an issue with
their Title Attorneys and lenders.

Dan is correct though, if the hammerhead was an option, the note should not
have been put on the plan.

Thank you

Richard Harris, AICP
PDR, LLC
Planning Consultant
413-335-5012


On Wed, Feb 9, 2022 at 7:32 AM clerk via MassPlanners <
massplanners at masscptc.org> wrote:

> A few years ago the owner of a property came in to do an ANR on a property
> in Shirley.  They divided out a large parcel into 2 parcels with one having
> adequate frontage and square footage and the other (though it has over 5
> acres of land) only with 89' of frontage (not adequate for that zone) so
> they appropriately marked it "not a buildable lot" for the sake of the
> ANR.  The owner of that property now wants to put a house on the "not a
> buildable lot" property using the Town's hammerhead lot portion of the
> zoning by-law which only requires 50" frontage.  Is this appropriate even
> though it is marked "not a buildable lot"?  Is that "not a buildable lot"
> title a forever thing or can be built on under the right situations?
>
>
> Bill Oelfke
>
> Vice Chair, Shirley Planning Board
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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