[Massplanners] [EXTERNAL] Re: Subdivision Approvals

[Michael McCarthy]

Hi Bill,

Similarly, our board puts a deadline of two years in their covenants, when one is provided for surety. If the deadline passes without completion, or an extension request from the developer, most of the covenants call for an automatic rescission of approval. In those cases, which I haven’t dealt with yet, I would imagine we’d have the developer come back for a definitive plan approval and I’d consult legal on any tricky issues, like zoning changes enacted since the original approval. Does your subdivision have a covenant recorded?

Mike McCarthy
Asst. City Planner
City of New Bedford

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Darlene Wynne via MassPlanners
Sent: Thursday, May 23, 2024 4:58 PM
To: clerk <clerk at shirley-ma.gov>
Cc: massplanners at masscptc.org
Subject: [EXTERNAL] Re: [Massplanners] Subdivision Approvals

Hi Bill,
We put a construction completion deadline on subdivisions when the plans are endorsed (when the appeal period has passed). This is in our local Subdivision Regulations.  It is typically 2 years. We do entertain and grant extensions and modifications when requested.

I was unclear from your email if any activity began? But with no action after so much time, I would most likely require a new subdivision application for any work at the site because the deadline had passed.

Best,
Darlene Wynne, AICP
City of Beverly
Director of Planning & Development
978-605-2341
dwynne at beverlyma.gov<mailto:dwynne at beverlyma.gov>

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On Wed, May 22, 2024 at 8:34 AM clerk via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:
Our Town does not have a planner so I, as the Vice Chair of the Planning Board (I serve as both elected Town Clerk and elected Planning Board member), and the most experience on Planning Boards (over 18 years) become the defacto planner but with no education or planner experience.  My question is as follows:

We have a subdivision that was approved in the late 1990’s to early 2000’s but has not been completed to date.  There has not been any activity there for over 20 years.

How long do developers have to complete the approved subdivision work?  Would we need new plans from them, and start the process over, if they continue to build the development as approved over 20 years ago?  Would we need new plans from them, and start the process over, if they want to build more houses in that development but with a change in the design of the roads and the plans?

What do you think?

Thank you.

Bill Oelfke
Shirley Town Clerk
7 Keady Way<https://urldefense.com/v3/__https:/www.google.com/maps/search/7*Keady*Way**A0D*0A*Shirley,*MA*01464?entry=gmail&source=g__;KysrJSUrKys!!HrHZwXtSIu7ehiYZ!pVIm7C70XkMC6Up7m4Cd-s971xOwZCbhKPzEw77XYNsZdqJFA1CjeQ4-RAm_Ht1snpFql_ymgdA-1TfD9FUssD9GpNA44Oq9j8IAYjxp$>
Shirley, MA<https://urldefense.com/v3/__https:/www.google.com/maps/search/7*Keady*Way**A0D*0A*Shirley,*MA*01464?entry=gmail&source=g__;KysrJSUrKys!!HrHZwXtSIu7ehiYZ!pVIm7C70XkMC6Up7m4Cd-s971xOwZCbhKPzEw77XYNsZdqJFA1CjeQ4-RAm_Ht1snpFql_ymgdA-1TfD9FUssD9GpNA44Oq9j8IAYjxp$>  01464<https://urldefense.com/v3/__https:/www.google.com/maps/search/7*Keady*Way**A0D*0A*Shirley,*MA*01464?entry=gmail&source=g__;KysrJSUrKys!!HrHZwXtSIu7ehiYZ!pVIm7C70XkMC6Up7m4Cd-s971xOwZCbhKPzEw77XYNsZdqJFA1CjeQ4-RAm_Ht1snpFql_ymgdA-1TfD9FUssD9GpNA44Oq9j8IAYjxp$>
978-425-2600 X1
clerk at shirley-ma.gov<mailto:clerk at shirley-ma.gov>

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