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Danvers Planning Board approves ANR dividing 19 Valley Road into three parcels, two labeled nonbuildable
Summary
The Town of Danvers Planning Board voted unanimously Nov. 12 to approve an Approval-Not-Required (ANR) plan for 19 Valley Road that creates three parcels, two of which are recorded as nonbuildable; counsel said the nonbuildable label can be changed only with zoning relief.
The Town of Danvers Planning Board approved an Approval-Not-Required plan for 19 Valley Road on Nov. 12, authorizing the property to be divided into three parcels while recording two smaller parcels as nonbuildable.
Attorney Connor Walsh of Glubski & Glubski, who represented the applicants, told the board the filing is a family-property ANR that splits the improved, conforming lot and creates two nonbuildable parcels ‘‘to retain flexibility for future planning.’’ He said the ANR will be recorded at the registry of deeds and the nonbuildable status will appear in title records.
The designation drew questions from board members about whether the nonbuildable label is permanent. Bill Bradstreet, a member of the public, asked, ‘‘If it's listed as nonbuildable, that doesn't necessarily—it's in perpetuity?’’ Walsh replied that the label is not strictly permanent but that changing a parcel from nonbuildable to buildable would require zoning relief. He said such relief typically would require variances for lot area and frontage and is ‘‘an uphill climb.’’
Chair Lou George and board members accepted counsel’s explanation that ANR approval is appropriate when smaller lots are explicitly shown as nonbuildable because the remaining improved lot conforms with R-3 requirements. The board made the motion to approve the ANR (moved by Jean Hartnett, seconded by Michael DeCoulis) and voted in favor with no opposition.
What the ANR means in practice is that the two smaller parcels will be recorded as nonbuildable on the plan at the registry of deeds; any future effort to make them buildable would require separate zoning relief. Counsel and staff said there are no current development plans for the smaller parcels.
The board’s approval clears the plan for recording; the applicants and town staff may proceed with registry recording and any required administrative steps.
Votes and next steps: The board approved the ANR by voice vote, with the motion moved by Jean Hartnett and seconded by Michael DeCoulis. Staff noted the matter is now a recorded ANR plan and that any future change in buildability would need to proceed through the town’s zoning-relief processes.
