[Massplanners] ANRs and Illusory Frontage

[Andrew Groff]

Hi Planners
Curious to how some of our municipal colleagues have handled any similar situation in the past. We have an ANR plan that wants to divide land into 12 building lots. These lots all have substantial buildable land access problems. These include crossing wetlands and steep slopes. Our bylaws allow access to buildable area via common drives so as we have done in the past we have advised the applicant to combine these applications to prove they have access to buildable areas of each proposed lot. We have alternatively advised that they could apply for and receive a valid order of conditions from the Con Com to also show adequate access. The developer however has asserted that the ANR submission is purely based on the division of land in accordance with the town’s by-Laws requirements (frontage and area) and access is never to be considered. The Planning Board has used the case references in the ANR Handbook and the most recent MA Land Use Law Handbook to assert they would like to see adequacy of access proven before they endorse the plan. Anyone have any similar stories or tips on resolving this impasse?
Thank you,
Andrew

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Town of Williamstown
Community Development Dept.
Andrew Groff, A.I.C.P.
Director
31 North Street
Williamstown, Mass. 01267
(413) 597-8284
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