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Board debates ANR divisions after lawyers, precedent raise 'substantial structure' question
Summary
Planning Board members debated whether a detached, historic wood outbuilding without plumbing, electricity or known foundation qualifies as a 'substantial structure' eligible to be divided under Chapter 41, Section 81L, citing the Citgo and Taylor v. Pembroke court cases and requesting town‑counsel guidance.
The Planning Board spent substantial time on the legal and policy question of when a building qualifies as a “substantial structure” under Chapter 41, Section 81L of the Massachusetts General Laws, after an application by John Manera, trustee, to divide a parcel that contains a small hip‑roofed wood outbuilding.
Background: Under Chapter 41, Section 81L, towns that adopted subdivision control may allow division of properties that contain multiple buildings where one of the buildings pre‑dates the Subdivision Control Act (the town’s adoption date is 1955). Several board members and…
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