Approval Not Required (ANR)

The Planning Board must review all modifications to layout of lots in West Boylston, whether or not any new lots are being created.  In some cases, the proposed changes will constitute a Subdivision and be subject to the Subdivision Control Law.  In others, where the plan meets special conditions detailed below, the applicant can submit a plan to the Planning Board to certify that approval under the Subdivision Control Law is not required.  Massachusetts General Law, Chapter 41 Section 81L, defines a subdivision and lists the conditions that determine when a plan is not under Subdivision Control.  When these conditions are met, the Planning Board certifies that “Approval is Not Required.”

Plans submitted to the Planning Board for ANR approval do not require a Public Hearing.

The Planning Board will certify an ANR plan in these cases (subject to MGL and case law):

1. Every lot created on the plan has the required frontage for lots in the district and:

• a. The frontage is on a public way that is maintained and in use OR
• b. The frontage is on a way shown on an approved Definitive Subdivision Plan OR
• c. The frontage is on a way in existence on October 5, 1954 and has adequate access.

2. The plan changes the size and shape of existing lots but does not reduce the frontage below the amount required in the district.

3. A division of a tract of land on which 2 or more buildings were standing on October 5, 1954 into separate lots on each of which one such building remains standing.