Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Subdivision topic
No spam. Unsubscribe anytime.
Charlton Planning Board denies Hansen ANR amid title dispute, approves Gauthier J. Davis Road ANR
Summary
The board denied an Approval Not Required (ANR) endorsement for a Hansen property without prejudice due to unresolved boundary/title questions raised by the board attorney; later the board approved an ANR for Gauthier J. Davis Road (motion passed, one abstention).
At its May 21 meeting the Charlton Planning Board denied, without prejudice, an Approval Not Required (ANR) endorsement for a Hansen property on Highland Road after the board’s attorney raised questions about the origin and delineation of boundary lines between Charlton and the neighboring municipality of Spencer.
Applicant George (Mr.) Hanson told the board he had provided a certificate of title and an attorney-conducted title search, and said the certificate showed he was the sole owner of the parcel. Board members and the planning-board attorney said the title materials presented showed ownership but did not resolve how the lot reference was originally created and whether lot 5 should be split into lots 5A and 5B for the ANR endorsement. The board’s attorney said adjacent properties and the historical creation of the boundary needed clarifying; the applicant said his attorney could provide more documentation and the applicant agreed to have counsel confer with the board’s counsel.
The board made a motion to deny the Hansen ANR without prejudice (postponing final endorsement until documentation and boundary questions are resolved). The motion passed on a voice vote.
On the same agenda the board considered an ANR for Gauthier J. Davis Road. The proposal would create a new lot and adjust lot lines so two existing parcels would be combined into a legally conforming building lot. After brief discussion the board voted to accept the Gauthier J. Davis Road ANR; one board member abstained, saying she did not have sufficient information to vote.
Why it matters: ANR endorsements determine whether a proposed subdivision requires formal approval under the Subdivision Control Law. The Hansen matter raises a title and boundary question that the board’s attorney said the board could not resolve from the materials submitted; the Gauthier matter proceeded after the board concluded it met ANR standards.
Attestations: The applicant for the Hansen ANR presented a certificate of title; the planning-board attorney requested additional historic boundary documentation and the applicant agreed to pursue it. The Gauthier ANR was accepted subject to plan notes and standard conditions.
