[Massplanners] Dissolving a paper street

[Gary Ayrassian]

Mike,

When was the way laid out? If after the enactment of Subdivision Control
Law, then they may resubdivide under §81W and eliminate the way. Please see
below




.Gary

 

_____________________________________

Gary G. Ayrassian, Director

Department of Planning & Development 

City of Attleboro | City Hall - Government Center | 

77 Park Street | Attleboro, MA  02703 |

p: 508.223.2222 x 3143 | f: 508.222.3046 |

 <mailto:cityplanner at cityofattleboro.us> cityplanner at cityofattleboro.us |

 <http://www.cityofattleboro.us/> www.cityofattleboro.us |

 

           

 

 

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Michael
McCarthy via MassPlanners (massplanners at masscptc.org)
Sent: Thursday, March 10, 2022 2:19 PM
To: massplanners at masscptc.org
Subject: [Massplanners] Dissolving a paper street

 

Hello Mass. Planners,

 

I wanted to check the opinions of the great minds on our trusty listserv
before I dove into the literature on this. We have a petitioner seeking to
dissolve a paper street that divides two parcels he owns. The “street” is
short and only abuts two other parcels before connecting to an existing
public way. The petitioner and the abutters all have frontage on existing
adjacent streets, so nobody would need to rely on this street to be built
out for frontage in the future (no landlocking). He’s presented us with a
draft plan What plan though – do  you mean an ANR plan? proposing the road
be split into three parcels divided among the abutters but has asked what
the contingency is if one of the abutters does not want to assume ownership
of the land for tax or other reasons. The abutters of the paper street
already own to the center of the road, the length of their frontage. There
is nothing to be conveyed – they already own it; they just aren’t taxed. The
owner of one of the abutting properties lives out of state and he has had
trouble contacting him.

 

The way I see it, there are two options: 1) he revises the plan to only
dissolve the paper street between his two parcels, which is all he really
wants to do anyway so he can extend his home or 2) he pursues agreements to
have the abutters convey to him the land which they are entitled This would
only serve to secure a change in the title, but it wouldn’t abandon the
paper street. (he has indicated that this is agreeable to him) and provides
us some notarized documentation. Do these approaches sound reasonable? Am I
missing something here?

 

Thank you in advance,

 

Mike McCarthy

Assistant City Planner

City of New Bedford – Dept. of City Planning

508-979-1488

 

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