[Massplanners] ANRs and Illusory Frontage

[Massa, Lori]

Andrew,

In case it is helpful as an example- we just had an ANR case on a private way that fell within item 3 of the 'way' types below. The Planning Board had to make the determination that the way had "sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon."

If the Board cannot make this determination, the application needs to be submitted as a subdivision.

Lori

Lori Massa, AICP (she/her/hers)
Senior Planner
Office of Planning and Community Development
City of Melrose
562 Main Street
Melrose, MA 02176
781-979-4193
lmassa at CityofMelrose.org<mailto:lmassa at CityofMelrose.org>

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of ruralplanningassociates--- via MassPlanners
Sent: Wednesday, July 17, 2024 10:18 AM
To: 'Andrew Groff' <agroff at williamstownma.gov>; 'Benson, Rachel via MassPlanners' <massplanners at masscptc.org>
Subject: Re: [Massplanners] ANRs and Illusory Frontage

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<mailto:ruralplanningassociates at crocker.com>
(413) 230-9693



From: MassPlanners <massplanners-bounces at masscptc.org<mailto: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<mailto: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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