[Massplanners] ANRs creating nonconforming lots

[Jeff Lacy]

Mark:
There’s only so far a PB can go in regulating an ANR. The criteria are limited to the status of the way, frontage along the way, and access across from the way across the frontage into the proposed lot. Other zoning factors, like lot area, are outside the scope the review. Many boards do put the notion you mentioned on the plan as a warning. Some also state “Not a building lot” on lots created but clearly substandard. It’s up to the town’s zoning enforcement officer to catch these deficiencies and decline to issue building permits.
Best regards,
Jeff Lacy
Rural Planning Associates 
(413) 230-9693

Sent from my iPhone

> On Feb 4, 2023, at 10:46 AM, Mark Kresge via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
> Hi planners-
>  
> The 2010 ANR Handbook and the majority of threads in this forum indicate that a PB should concern itself only with frontage and adequacy of access issues when reviewing an ANR.  Any other potentially problematic zoning issues are covered with a blanket statement like "No determination of compliance with zoning requirements has been made or intended."
>  
> Other threads suggest that ANRs cannot, or should not, be used to create nonconforming lots, and cite unspecified case law.
>  
> Which is it?  Opinions?
>  
> Thanks!
>  
> Mark Kresge
> Land Use Clerk
> Town of Hubbardston
> 7 Main St., Unit #7
> Hubbardston, MA 01452
> Web: http://www.hubbardstonma.us
>  
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