[Massplanners] ANR lots - question

[Maren Toohill]

Interesting question, and I recently heard several examples of enforcement of DEP Stormwater Standards for ANR lots that are sold off and developed over time. The “Nth” lot owner was required to design, permit, and install drainage for the entire “development”. Apparently, the time lapse can be significant – several years if I heard correctly. I don’t know how a Planning Board can compel the current property owner to take responsibility for future development; that seems beyond local authority on ANRs. (I would be happy to be wrong on that.)
Consider asking the engineer/surveyor to add a note to the ANR that indicates that endorsement of this plan does not indicate compliance with DEP Stormwater Standards. That might signal future lot owners to be aware of the issue.
Consider having a discussion with the Building Commissioner and DPW Director to work with applicants when curb cut permits and/or building permit applications arrive. Again, there is limited local authority, but some advantage to trying to keep everyone in the loop to avoid the responsibility being left to the unfortunate 5th, or later lot owner.
Thanks,
Maren

Maren A. Toohill, AICP
Town Planner
978/540-2425
MToohill at littletonma.org<mailto:MToohill at littletonma.org>
Town of Littleton


From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Matthew Benoit via MassPlanners
Sent: Tuesday, December 31, 2024 9:01 AM
To: ListServ <massplanners at masscptc.org>
Subject: [Massplanners] ANR lots - question



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Planners,

We are anticipating the receipt for an ANR to create 8 lots on a public way.  We cannot deny the ANR - as it is on a public way with adequate emergency vehicle access.  We want to ensure that the owner, before selling off the lots, addresses stormwater requirements for DEP.   See 310 CMR 10.05(6)(k)-(q) for the section on Stormwater Management Standards.  10.05(6)(m) refers to projects that a required to meet the Stormwater Standards to the maximum extent practicable and states under 10.05(6)(m)3. “Housing development and redevelopment projects comprised of detached single-family dwellings, on five to nine lots, provided there is no stormwater discharge to a critical area.”  Or... that each individual owner address stormwater for each lot individually.  We do not have a permit mechanism in place to handle this so how can we ensure that this is handled properly?

Thank you in advance for your responses.

Respectfully,


Matthew C. Benoit, Notary Public
Director of Community Development
Town of Douglas
29 Depot Street
Douglas MA 01516
508-476-4000  x 206
mbenoit at douglas-ma.gov<mailto:mbenoit at douglas-ma.gov>
Town Hall Hours:
Monday-Wednesday-Thursday:  8:30am - 4:00pm
Tuesday: 8:30am-6:00pm
Friday: 8:30am-12:00pm
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