[Massplanners] [EXTERNAL] ANR Question

[Michelle Tyler]

 I don't see why ZBA would be engaged prior to a Planning Board reviewing
an ANR under subdivision control.  Either the ANR doesn't meet the zoning
requirements or is subject to subdivision control.  As for the variances, I
wholeheartedly agree with Doug; the owner is creating a hardship so
shouldn't receive any variances.


Michelle R. Tyler
Director of Planning
Town of Randolph
41 South Main Street
Randolph, MA 02368
P: 781-961-0936

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On Fri, Jun 6, 2025 at 10:55 AM Edgartown Planning Board via MassPlanners <
massplanners at masscptc.org> wrote:

> IMHO: No.
>
> The ANR - all variations that you describe - created a zoning violation by
> reducing the existing house lot to less than what was required by zoning
> bylaw.
> They need to file an amended ANR making the existing house-lot whole
> again, or they need to take down the house.
> The ANR could not be withheld by the PB for the reasons you state;
> however, the applicant should have been warned that they were creating a
> zoning violation, and would have to tear down the existing house.
>
> And, no, they would not qualify for a variance, as the hardship is
> self-created.  There are several cases dealing with this sort of thing:
>
> Lamb et al v. Zoning Board of Appeals of Taunton, 76 Mass. App. Ct. 513
> <http://masscases.com/cases/app/76/76massappct513.html>
>
> ANNETTE GORDON vs. ZONING BOARD OF APPEALS OF LEE & others, 22 Mass. App.
> Ct. 343 <http://masscases.com/cases/app/22/22massappct343.html>
>
> And a few others.  There's an appeal that I saw first hand, made by a
> member of the Deerfield Planning Board (acting on his own), appealing a
> decision of the Deerfield Zoning Board of Appeals to grant a variance on a
> case nearly identical to what you describe.  I'm not finding it at the
> moment...  Happened back in 2012-2015 or so...
>
> - Doug.
>
> On Fri, Jun 6, 2025 at 10:32 AM Michael McCarthy via MassPlanners <
> massplanners at masscptc.org> wrote:
>
>> Hi Amy,
>>
>>
>>
>> I think the 10k lot would need a variance for lot size or it would be out
>> of compliance with zoning and subject to enforcement. I believe this would
>> only “kick in” as enforceable once the abutting lots are sold and there is
>> no longer common ownership, so they can’t be considered merged for zoning,
>> but that might depend on your ordinance.
>>
>>
>>
>> I have seen this occasionally and we usually require/suggest the
>> applicant bring the ANR plan to the ZBA for variance approval and revise
>> the plan to reference the recorded variance decision prior to endorsement.
>>
>>
>>
>> Mike McCarthy
>>
>> Asst. City Planner
>>
>> New Bedford
>>
>>
>>
>> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Amy
>> via MassPlanners
>> *Sent:* Friday, June 6, 2025 10:11 AM
>> *To:* Mass Planners <massplanners at masscptc.org>
>> *Subject:* [EXTERNAL] [Massplanners] ANR Question
>>
>>
>>
>> Say your town requires 20K sq ft lots and 100 feet of frontage. There is
>> currently a home on a 70K lot. To make it easy, lets picture a rectangular
>> lot and the house is all the way on the left side of the lot and currently
>> meets all zoning regulations,
>>
>>
>>
>>
>>
>> Say your town requires 20K sq ft lots and 100 feet of frontage.  There is
>> currently a home on a 70K lot.  To make it easy, lets picture a rectangular
>> lot and the house is all the way on the left side of the lot and currently
>> meets all zoning regulations, all the land to the right side is wooded and
>> buildable.
>>
>>
>>
>> The owner brings forth an ANR splitting the one lot into 4.  The 3 new
>> lots (to the right) meet current zoning, 20k lot size and 100 feet of
>> frontage.  The original lot with the house is now only 10k. but meets the
>> 100 ft frontage requirement. The engineer just stamps "unbuildable lot" on
>> the lot with the original house.  This lot already has a house so they
>> don’t care.  Is this allowed?
>>
>>
>>
>> What if it was reduced to 10K and the frontage also fell under the
>> required 100 ft, would this be allowed if stamped "unbuildable"?
>>
>>
>>
>> Thanks for your input.
>>
>>
>>
>> Amy Poretsky
>>
>> Northborough PB Chair
>>
>>
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>>
>
>
> --
> The Edgartown Planning Board
> PO Box 5130
> Edgartown, MA 01027
> 413-627-6170
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>
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