[Massplanners] [EXTERNAL] ANR Question

[Michelle Collette]

The other day, I was just asking a local attorney, “Where is Don Schmidt when you need him?”

Michelle Collette

Get Outlook for iOS<https://aka.ms/o0ukef>
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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Judi Barrett via MassPlanners <massplanners at masscptc.org>
Sent: Wednesday, June 11, 2025 9:59:44 PM
To: Jeff Lacy <ruralplanningassociates at crocker.com>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] [EXTERNAL] ANR Question

For a nice review of infectious invalidity (a real term in zoning!), see 81 Spooner Road, LLC v. Zoning Board of Appeals of Brookline.  Happy reading!
[https://ci3.googleusercontent.com/mail-sig/AIorK4zloGRMrfwdnfaqdwc7ZClpXiotJNuPL01PVO559hFP_FVuSNLcP29Xeea-WQwecu5HODnMhTY]
Judi Barrett
(she, her, hers)
Barrett Planning Group LLC
350 Lincoln Street, Ste 2503
Hingham, MA 02043
(p) 781-934-0073
(c) 781-206-6045


On Wed, Jun 11, 2025 at 7:40 PM Jeff Lacy via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

Emily:



“Infectious Invalidity” sounds like something Don Schmidt cooked up (back in the day).



But, as I mentioned in my earlier post, wouldn’t the invalidity be limited to the adjacent 20K lot only? That lot would be wed to the 10K occupied lot in order to keep at least 20K around the house.



Where are the “Bobs” on this one? That be Mitchell and Ritchie!



Best regards,



Jeff Lacy

Rural Planning Associates

896 Graves Road

Conway, MA 01341

(413) 230-9693 (cell)

ruralplanningassociates at crocker.com<mailto:ruralplanningassociates at crocker.com>







From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Emily Holmberg via MassPlanners
Sent: Wednesday, June 11, 2025 6:56 PM
To: Edgartown Planning Board <planningboard at edgartown-ma.us<mailto:planningboard at edgartown-ma.us>>
Cc: Mass Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: Re: [Massplanners] [EXTERNAL] ANR Question





This scenario brings up one of the terms in zoning that I just like the sound of “infectious invalidity”.



The 10K lot that includes the existing house as pointed out creates a zoning violation. That zoning violation infects the other lots shown on the plan which causes them to be invalid building lots. No building permits should be issued for any of the lots – even if the ANR technically meets the requirements for endorsement by the Planning Board.







[cid:ii_19761d5763b4ce8e91]





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