[Massplanners] ANRs and Illusory Frontage

[Tim Czerwienski]

This is how we do it in Milton. Our ANR guidelines require a plan to have two notations: “No determination of wetlands has been made or intended by Planning Board endorsement” and “Planning Board endorsement does not reflect compliance with applicable zoning requirements”


Tim Czerwienski, AICP
Director of Planning & Community Development
Town of Milton | 525 Canton Avenue | Milton, Mass. 02186 | 617-898-4847

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of B via MassPlanners
Sent: Tuesday, July 16, 2024 5:22 PM
To: Andrew Groff <agroff at williamstownma.gov>
Cc: Benson, Rachel via MassPlanners <massplanners at masscptc.org>
Subject: Re: [Massplanners] ANRs and Illusory Frontage

[External Email- Use Caution]

One reccomendation I've seen: require them stamping mylars with "not approved for zoning or subdivision compliance". Maybe add  "...including adequacy of access",.something like that.

On Tue, Jul 16, 2024, 4:53 PM Andrew Groff via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:
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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