[Massplanners] ANR v. Subdivision Modification

[Katrina O'leary]

Hi Darlene,
We treat ANR plans with frontage on subdivisions that have not yet been completed the same as any other ANR plan because they show frontage on one of the types of ways listed under the definition of subdivision in 81-L.

Back when I worked in Beverly, there was a case where the PB unknowingly endorsed an ANR splitting one lot into two, but then realized there was a note on the original subdivision plan (oops) limiting the number of lots in the subdivision to five “unless a new plan is submitted to the Beverly Planning board which meets their full standards and approval.”.  The building inspector refused to issue a building permit for the lot created by ANR plan due to the subdivision note.  The courts ruled that ANR endorsement was “ministerial” in nature and therefore, the ANR endorsement didn’t override the note on the subdivision plan; therefore, the owner was not allowed to build on the newly created lot.  Hamilton, 35 Mass. App. Ct. at 386 (1993).

I think if we got a “do over”  we still would have to endorse the ANR plan creating the extra lot because it met the definition under 81-L.

Katrina O'Leary, AICP
Middleton Town Planner
195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and, therefore, cannot be kept confidential.

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Darlene Wynne via MassPlanners
Sent: Thursday, September 1, 2022 4:51 PM
To: massplanners at masscptc.org
Subject: [Massplanners] ANR v. Subdivision Modification

[CAUTION:] This message was sent from outside of the Town of Middleton. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe.
Good Afternoon,

I understand that an applicant is entitled to an ANR if sufficient frontage exists on a way shown on a plan approved and endorsed by the Planning Board. What if the lots in question are part of a Definitive Subdivision Plan that is currently under construction and not yet completed/closed out? Could the Board deny ANR endorsement and require modification to the Subdivision Plan?

I am also discussing this with our legal counsel, whose answer I will take, but I wanted to see if we are missing anything.

For context, the ANR is moving area from a buildable lot to a non-buildable lot (which has much less than the required frontage). The lot line point at the new street edge is not changing (picture a triangle shaped parcel). We know the applicant will next come to the Board requesting a Waiver of Frontage / Definitive Subdivision Plan in order to make the unbuildable lot buildable.

Thank you,

Darlene Wynne, AICP
City of Beverly
Director of Planning & Community Development
978-605-2341
dwynne at beverlyma.gov<mailto:dwynne at beverlyma.gov>

[Image removed by sender.]
--
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220906/581bffc2/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0002.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD0002.jpg
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220906/581bffc2/attachment.jpg>