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Attorney: shared driveway notations on recorded plan aren’t binding unless approval condition required it
Summary
Planning Board Assistant Stephen Laurin relayed attorney Michael Malaguti's guidance that if a recorded subdivision approval lacks a condition mandating shared driveways, the driveways shown on the plan are not binding and can be altered without Planning Board approval provided other permitting requirements are met; the example concerned a 2008 six-lot subdivision proposed by Donald K. Gray.
Planning Board Assistant Stephen Laurin reported attorney Michael Malaguti’s written comments concerning how to amend an approved and recorded subdivision. Using a 2008 six-lot subdivision proposed by Donald K. Gray on Hermit Woods Road and Eastman Hill Road as an example, Mr. Laurin said the attorney advised that, unless there is an explicit condition of approval requiring shared driveways, the shared driveways shown on a recorded plan are simply notations.
Mr. Laurin told members that when no condition about driveway configuration exists, the applicants can alter driveway locations without Planning Board approval so long as they meet department permitting requirements. The guidance clarifies the difference between plan notations and formal conditions of approval on recorded subdivision plans and indicates that amendments may be processed administratively or through permitting channels rather than requiring a board-level amendment.
The discussion was informational; the board did not take a formal vote or direct staff to take further immediate action on the Gray matter at the June 18 meeting.
