Planners Send South Main St. Proposal Back for Revisions on Lot Merging
Key Points
- An applicant proposed dividing two parcels at 383 & 405R South Main Street into three single-family lots.
- Town Counsel determined the plan was legally deficient because a buildable lot was shown without frontage, violating state ANR law.
- The plan's use of a long, narrow land strip to create frontage for a rear lot was questioned by the board as potentially "illusory."
- The applicant will submit a revised plan that legally merges the parcels into a single lot for future consideration.
- The board voted to continue the matter to its October 15 meeting pending receipt of the revised plan.
A proposal to create three new single-family home lots at 383 and 405R South Main Street was paused by the Cohasset Planning Board on Wednesday night after Town Counsel identified a legal deficiency in the submitted plan. The applicant, Stephen Borland, represented by Gregory Morse of Morse Engineering, is seeking to divide two existing parcels into three buildable lots, which would be serviced by a common driveway. Morse explained that the plan creates two lots with standard frontage on South Main Street, while the third, a pre-existing "grandfathered" lot in the rear, would gain its required frontage through a long, narrow strip of land connecting it to the street. "We felt that this plan was entitled to endorsement as the lots met the frontage requirement on an approved public way," Morse stated during his presentation.
The discussion quickly centered on the legal mechanics of the plan. Town Counsel Justin Prada argued that while the plan included a note stating an *intent* to merge the rear lot with its new access strip, the plan itself depicted them as separate parcels. This, he explained, left the buildable rear lot without any legal frontage on the plan, a violation of the state's Approval Not Required (ANR) statute. "Under the ANR statute, every lot shown on the plan has to have frontage. And right now lot three has no frontage," Prada advised the board. Applicant Stephen Borland countered by citing local regulations, stating, "I've been developing in Cohasset for 43 years... Cohasset has a more lenient bylaw than state law."
Board members grappled with the plan's unusual "spaghetti-like" configuration. Chair Kevin Heine questioned the practicality of the access strip, which runs adjacent to MBTA tracks and near a vernal pool. "What is the practicality of that in real life?" Heine asked. "And that's why I asked if council could provide some explanation and guidance with what this board needs to consider as illusory or real access." Vice Chair Clark Brewer acknowledged the applicant's goal, noting, "You're creating frontage for lot three to conform to the common driveway bylaw requirement. That's really the main reason why you're doing this." Member Birgit Schmidt-Wesche sought a path forward, asking if the board could approve the plan conditionally while awaiting a revision.
Ultimately, the applicant agreed to submit a revised plan that clearly shows the parcels as a single, merged lot. To accommodate this, the board voted to continue the discussion to its next meeting. Motion made by Clark Brewer to "take this up at your next scheduled meeting" subject to the applicant providing a written extension for the board to act. The motion was seconded by Birgit Schmidt-Wesche and Passed 4-0. The board later concluded its business for the evening. When a motion was made to adjourn, Member Deirdre Hobson provided the necessary "Second" to end the meeting. The revised plan is expected to be reviewed on October 15th.