[Massplanners] Clarification on the definition of Frontage

[Seth Jenkins]

Mass Planners,

I was recently contacted by the Select Board of a rural town in Berkshire County looking for assistance with a definition for "frontage" other than as used in the State Subdivision Control law or other Mass G.L. (see below)  The selectboard is hoping to clarify a situation where illusory frontage makes a lot of limited conventional developability (no practical access to the town's public way) but the developer is hoping access can be gained through either a private driveway or on the public way of an abutting town.  The town is wanting to add more specifics to their own subdivision control law based upon any enabling state law language.    For guidance I recommended case law:


  *   Mitchell vs. Morris
  *   Gifford v. Planning Board of Nantucket.
GIFFORD vs. PLANNING BOARD OF NANTUCKET, 376 Mass. 801 (masscases.com)<http://masscases.com/cases/sjc/376/376mass801.html>

My own research returned the following language from State law, however no specific definition for "frontage".

Chapter 83, section 21:  Assessment on land abutting on more than one way.
Section 21. If land abuts upon more than one way, assessments for sewers based wholly or in part upon frontage shall be assessed upon the frontage upon one such way and upon so much of the frontage upon such other way as is not exempted by the board whose duty it is to make the assessment; and such board may exempt from assessment so much of the frontage upon such other way as they consider just and equitable.

>From Chapter 41 81L: Definitions:

if, at the time when it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the clerk of the city or town certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or (c) a way in existence when the subdivision control law became effective in the city or town in which the land lies, having, in the opinion of the planning board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no distance is so required, such frontage shall be of at least twenty feet. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.

>From Subdivision control law 81O:
After the approval of a plan the location and width of ways shown thereon shall not be changed unless the plan is amended accordingly as provided in section eighty-one W; but the number, shape and size of the lots shown on a plan so approved may, from time to time, be changed without action by the board, provided every lot so changed still has frontage on a public way or way shown on a plan approved in accordance with the subdivision control law of at least such distance, if any, as is then required by ordinance or by-law of said city or town for erection of a building on such lot, and if no distance is so required, has such frontage of at least twenty feet.

Sorry for such a long posting, however any guidance would be much appreciated.

Seth

[cid:image002.png at 01D86133.C30FD250]
Seth Jenkins, Community Planner
1 Fenn St., Suite 201 | Pittsfield, MA 01201
O: 413.442.1521 x24
sjenkins at berkshireplanning.org<mailto:sjenkins at berkshireplanning.org>
www.berkshireplanning.org<http://www.berkshireplanning.org>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220506/6ded3dd7/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 8592 bytes
Desc: image001.png
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220506/6ded3dd7/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 9236 bytes
Desc: image002.png
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220506/6ded3dd7/attachment-0001.png>