[Massplanners] ANRs and Illusory Frontage

[ruralplanningassociates at crocker.com]

Hi, Andrew:

 

Assessing ANR submission is a game of threes. 

 

. The Way: is it proposed on one of the three types of ways listed in the
statute (1) public, 2) created through subdivision, or 3) a way in existence
when subdivision control law became effective in the town and is adequate in
the opinion of the planning board)?

 

. The Frontage (on the way): does the frontage meet the towns requirements
for length, contiguity, etc.?

 

. The Access (from the way over the frontage): is the access illusory,
blocked by physical or regulatory barriers, etc.?

 

The last one is the most subjective, but backed up by some case law.

 

Jeff Lacy

Rural Planning Associates

896 Graves Road

Conway, MA 01341

ruralplanningassociates at crocker.com

(413) 230-9693

 

 

 

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Andrew
Groff via MassPlanners
Sent: Tuesday, July 16, 2024 4:48 PM
To: Benson, Rachel via MassPlanners <massplanners at masscptc.org>
Subject: [Massplanners] ANRs and Illusory Frontage

 

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 

 

--

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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