[Massplanners] 3 ANRs and 'easement by necessity'

[Dan Fortier]

The only basic decision being made by way of an Approval Not Required is that the lot has adequate access across its frontage.  As the developer now wants to argue that an easement is needed for access, the Building Commissioner should reject the Building Permit request and direct the property owner to seek a variance or approval of a Subdivision with appropriate road access.  As the ANR basically presented to the Board that the access was adequate, the Zoning Board should reject the variance request as it would contradict the basis for the ANR to begin with.




Daniel J. Fortier, AICP
Town Planner
Dennis Planning Department
685 Route 134
South Dennis MA 02660
Phone 508-760-6119
dfortier at town.dennis.ma.us



From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Gisela Walker via MassPlanners
Sent: Wednesday, February 9, 2022 11:13 AM
To: MassPlanners at masscptc.org
Subject: [Massplanners] 3 ANRs and 'easement by necessity'

In 2008 the P Bd approved three ANRs, all having proper lot size and barely enough frontage.
Now the owner wants to sell them as building lots, and tells us that because of steep banks only one lot can provide access to the other two.  His plan shows a curvy short driveway that touches all three lots and he requests an easement for this shared driveway.
He quotes  " ... your agreement could be based on an “easement by necessity”, which is documented in the Mass General Laws. ..., it states that a legal easement can exist if it is absolutely necessary to cross someone’s land for a legitimate purpose, i.e., access to their home”
In his sample easement agreement he also reserves the right for future subdivision of the lots.
It seems like a half-baked way to start. Can we at least request that the shared driveway be built to minimum subdivision standards?

 Gisela Walker
24 Windy Hill Road
Shelburne Falls MA 01370
413-625-2401


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