[Massplanners] Land separated by RR

[Doug Albertson]

Thanks, everyone.  I figured this would be a useful discussion.  The short answer is that it isn’t a building lot – the railroad is held in fee separating the parcels.  I just wanted to get the thinking going in case there was something not obvious and because I’m sure we all get these things at times so it’s good to communally educate ourselves.


Doug

Douglas Albertson
Town Planner
Town of Belchertown
P.O. Box 670
Belchertown, Mass.  01007

(413) 323-0407  ext. 320

From: Daniel Fortier <daniel.j.fortier at gmail.com>
Sent: Tuesday, July 5, 2022 1:13 PM
To: Jeff Lacy <ruralplanningassociates at crocker.com>
Cc: Doug Albertson <DAlbertson at belchertown.org>; massplanners at masscptc.org
Subject: RE: [Massplanners] Land separated by RR

As I reread my response, some of it was unclear. The question to be answered is, does he have the right to build a road over/across the railroad right of way.  If not, then Jeff’s response is the most accurate. It is either one parcel or two with one landlocked. Without a legal right to build a road to create the needed frontage, they are out of luck.

Dan Fortier
Retired Dennis Planner

Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows

From: Jeff Lacy<mailto:ruralplanningassociates at crocker.com>
Sent: Tuesday, July 5, 2022 12:28 PM
To: Daniel Fortier<mailto:daniel.j.fortier at gmail.com>
Cc: Doug Albertson<mailto:DAlbertson at belchertown.org>; massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Land separated by RR

RR lot is either a separate parcel without frontage or part of the parcel with house already. In first case it’s landlocked. In second case there is already a principal use on the parcel. Either way = nada.

Jeff Lacy
Rural Planning Associates
(413) 253-0705
Sent from my iPhone

On Jul 5, 2022, at 12:07 PM, Daniel Fortier via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

The ownership in fee would seem to be the real hurdle. To me that ownership in fee would be treated just like a road dividing the property into two separate lots.  The ROW might allow for the creation of an access road to the back land by subdivision. Not sure it could work as a panhandle.

Now, as Byron notes, the nature of the right to cross can be a big issue.  Years ago, when in NH, I had to deal with this with the Boston and Maine. They absolutely refused to allow at-grade crossings due to safety (track was then slow ordered to 15 mph max).

So, a lot of questions that would challenge the idea of viable access for a building permit without the input from legal counsel. I would start by having the property owner provide a legal justification for the idea that he has legal access and a buildable lot, then pass that on to Town Counsel for review and confirmation.

Dan Fortier
Dennis Town Planner (Interim)
Retired

Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows

From: Doug Albertson via MassPlanners<mailto:massplanners at masscptc.org>
Sent: Tuesday, July 5, 2022 11:34 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Land separated by RR

Hi experts and observers,

I know the answer but want to see if any of you has an alternative truth.  The property owner’s house has adequate frontage and area.  Behind it is the railroad owned in fee by the RR.  Then the owner’s next property of 35 acres with no frontage.  There is an existing RoW crossing over the RR between the two.  The owner wants to know, of course, if he can create a building lot for his daughter on the rear parcel.  The first one of you who responds with “You’ve been doing this for 30 years and you have to ask?!?” is removed from my will.

Are there any particular insights regarding railroad properties that would add radical variables to what should be an outright “no”?

Doug

Douglas Albertson
Town Planner
Town of Belchertown
P.O. Box 670
Belchertown, Mass.  01007

(413) 323-0407  ext. 320


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