[Massplanners] One lot subdivision?

[Paige]

Thank you for the comments so far. More ...

The ZBA denied a frontage variance back in the 80s or 90s. The PB isn't
opposed to this single lot subdivision just because it's a single lot and
the property owner is a long time resident who has paid taxes on the
property for decades.  The PB approves subdivision waivers more than I'd
like but they do it somewhat regularly, usually for developers and not
actual residents. They've approved numerous "one lot subdivisions" in the
past for developers.  This one is an actual resident seeking to live in the
neighborhood after years of owning the lot.   The Board WANTS to approve
this one.I am not seeking ways to kill it or worried about the driveway,
etc.

Trust me, for years I've told my PB I don't like the waivers and I always
tell them to call the developer's bluff but they don't. This is not a case
of a developer seeking to create a new lot (not that it matters factually
but we all know it sometimes does matter).  But now a local attorney
representing a neighbor is claiming there is no such thing as a ONE LOT
subdivision.  He informed the PB they cannot approve this plan.  Period.
He says it's not a subdivision. He hasn't provided case law but rather just
what he wrote below:

[image: image.png]
[image: image.png]
I would love to hear your thoughts about the ONE LOT SUBDIVISION CLAIM.
Does the fact that the subdivision roadway only serves one lot preclude it
from being a subdivision?  I feel like I used to know this ....

Thanks again.

~Paige, Planning Director
  Town of Foxborough

https://foxboroughma.gov/cms/One.aspx?portalId=15207864&pageId=15413013 (42
Spring Street is the project name).
On Tue, May 3, 2022 at 1:30 PM Paige <paigeplanner at gmail.com> wrote:

> 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&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
>


-- 


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

pduncan at foxboroughma.gov
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