[Massplanners] ANRs creating nonconforming lots

[Town Administration]

One of my pet peeves when reveiwing lots that 'create non-conforming lots for transfer to abutters' is simply that such a plan should, instead, show the NEW lines to be drawn, and NOT the parcel that is to be transferred.

If the deed for the transfer wants to use an 'interim' plan to illustrate the specific land to be transferrred, that's their business.  However, the final result - the change to lot lines - shoudl be the plan reviewed and approved by the PB.

Each town, and each PB, does it differently, so YMMV.

Respectfully,

- Doug.
-----------------------------
Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
413-203-3086
________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Jeff Lacy via MassPlanners <massplanners at masscptc.org>
Sent: Saturday, February 4, 2023 1:15 PM
To: Mark Kresge <plan at hubbardstonma.us>
Cc: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: Re: [Massplanners] ANRs creating nonconforming lots


CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

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<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.hubbardstonma.us%2f&c=E,1,IGKk0QF8TbzvBKSaZdln9w0o0AsaUwdQpveHihZ_ZVVrZtf-5Pkk0Hh6Ytzfh-6wvm_XiTeLJUr2cIdNMTOEwNycRxOQndhFNo3-2Ph_&typo=1>



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