[Massplanners] One lot subdivision?

[Gary Ayrassian]

Hi Paige,

Sorry about this but the attorney is correct – MGL 41 calls for two lots to constitute a definitive subdivision plan. While I agree that the roadway would constitute a lot,  it isn’t counted as the second “lot” one reason being that it would ultimately be accepted as a public way by the community at the end of the process and no longer constitute a lot.

 

The question of “Laying out a subdivision roadway layout and then waiving construction.  To serve one buildable lot. ” – yes, you may. We’ve done it a couple of times in Attleboro but not because of the size of the proposed definitive subdivision plan but rather because of the very unique and peculiar circumstances of the existing conditions situation. 

 

Hope this helps.

 

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 Paige via MassPlanners (massplanners at masscptc.org)
Sent: Tuesday, May 3, 2022 1:30 PM
To: Massplanners Listserv (MassPlanners at masscptc.org) <massplanners at masscptc.org>
Subject: [Massplanners] One lot subdivision?

 

All,

 

We have a single lot with insufficient frontage but plenty of lot area.  The applicant has filed a definitive subdivision plan showing a cul-de-sac into this lot to provide the requisite frontage.  With this application they are seeking a waiver of most construction standards.  Instead of a road, they will build a glorified driveway.  The "road" (driveway) will have a hammerhead turnaround built to allow emergency vehicles to turn around.  

 

The plans, if interested, can be seen here:  https://foxboroughma.gov/cms/One.aspx?portalId=15207864 <https://foxboroughma.gov/cms/One.aspx?portalId=15207864&pageId=15413013> &pageId=15413013

 

Public safety is fine with the proposed construction of the road (driveway).  The Planning Board is inclined to approve the subdivision with waivers since the Town does not want to take on responsibility for the fully built cul-de-sac that could be built to serve one house lot.

 

The neighbors attorney is stating that the project can't be a subdivision by definition because the road would serve only one lot.  Although the road layout itself would become a lot (or parcel actually). He insists subdivisions can't be one lot.  

 

I plan to inquire with our town attorney but thought I'd also ask my fellow planners.  I remember years ago being more up-to-date on all of this one lot subdivision issue but now I feel like I remember tidbits.  Just enough not to be helpful!

 

Any input on this strategy?  Laying out a subdivision roadway layout and then waiving construction.  To serve one buildable lot.  

 

Is this dead in the water as the neighbors attorney claims?  What do you all remember about this stuff?  

 

Thank you in advance!!!


~Paige Duncan, Planning Director

  Town of Foxborough, MA


 

-- 

 

***************************** 
Paige E. Duncan, AICP, Planning Director
Foxborough Town Hall, 40 South Street 
Foxborough, Massachusetts 02035 
Ph: 508-543-1250

pduncan at foxboroughma.gov <mailto:pduncan at foxboroughma.gov> 

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