Subdivision rules and regulations have a deeper history in our state than one might believe. As far back as 1891, the City of Boston drafted its first comprehensive subdivision control statute. During the early 1900s, additional regulations and rules were added, language modified, including but not limited to subdivision powers which were conferred to planning boards in 1936.
The road to understanding and rendering fair decisions on matters of land subdivisions continues to pose questions in the 21st century, in spite of decades of legal review and regulatory oversight.
Thus, when the abutters, primarily property owners living on Oakland Way, asked questions regarding the Form A Approval Not Required subdivision for property owned by Laurel Henning, answers were not crystal clear. As noted in the ANR Mass.gov handbook, hundreds of legal challenges have shaped regulations over the years.
On Monday night, the Mattapoisett Planning Board sought to add clarity where it could for the benefit of the abutters. Neither the applicant nor her representative, Bill Madden of G.A.F. Engineering, were present to address questions.
Abutters’ major concern centered around ownership of the “way” described as a driveway with easement rights to all abutters.
The posting of the application read, “Form A Approval Not Required Application for Map 8, Lots 70 & 72, applicant Laurel Henning, parcel B and Lot 70A on Oakland Way and Lot 72A on Foster Street.”
Planning Board member John Mathieu provided some pertinent details regarding the private property held by Henning, the right-of-way easement and duties of care of the way, and a heavy suggestion that they establish a homeowners’ association. He told the residents it is important to understand the intentions of the owner in order to protect their use and maintenance of the way.
Beyond that, Mathieu said that Henning could not usurp their free travel on the way, but, further, she also had no responsibility to maintain it. The land was privately held.
The board moved to accept the one-lot subdivision plan as presented, noting to the abutters that the board had no responsibility regarding existing utilities that were also noted as privately held by each property owner.
Another ANR was a bit more straightforward.
Forms A and B Approval Not Required for property located on Ocean Drive with lots owned by brothers David and Joseph Duchaine was heard. Engineer Dave Davignon of Schneider, Davignon & Leone, Inc., explained that parcels A and B will not be considered building lots and that a new lot 16B will meet frontage once zoning approves the proposed roadway, making it a building lot.
The application is pending Fire and Police Department acceptance for safety requirements. It was continued until the December 18 meeting.
The next meeting of the Mattapoisett Planning Board is scheduled for Monday, December 18, at 7:00 pm.
Mattapoisett Planning Board
By Marilou Newell