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Board approves Harrison Ave subdivision with deed restriction to preserve rock outcrop
Summary
The Planning Board approved a subdivision shifting a rocky outcrop to preserve privacy and stormwater conditions at 96 and 100 Harrison Ave, and required a recorded deed restriction prohibiting further development on the conveyed rock area.
The board approved a minor subdivision moving a rocky outcrop from one parcel to another at 96 and 100 Harrison Ave, provided the applicants record a deed restriction preventing future development on the conveyed parcel.
Tanner Jackson summarized the proposal and described the 12‑foot rocky ledge at the rear of 96 Harrison Ave that provides privacy to 100 Harrison Ave. Jackson said the parties agreed to "a deed restriction to ensure that that stays the case," and counsel Patrick Doherty said his clients would record a covenant prohibiting construction on the conveyed area and that the covenant would be enforceable by abutters.
The board required the restriction to be recorded with the final subdivision plan as a condition of approval and voted to find that the subdivision met applicable standards, including that the change preserves the historical landscape feature and does not create additional development capacity. Staff and counsel agreed to work on the precise language and to have the deed restriction recorded and reviewed by staff prior to final plan filing.
