MA ANR Appeal

Judicial appeal is possible,

on Page 82 of The ANR Handbook, "If the Planning Board determines that approval under the Subdivision Control Law is required, the person submitting the ANR plan may appeal the Planning Boardƒ??s determination pursuant to
Section 81BB. If the Planning Board endorses the plan ƒ??approval not requiredƒ?, judicial review of the endorsement can be claimed pursuant to MGL, Chapter 249, Section 4 and the time period for claiming review is 60 days. See Stefanick v. Planning Board of Uxbridge, 39 Mass. App. Ct. 418 (1995)."

Learn something new everyday. I've always been under the assumption that it could not be appealed since there was no approval. Thinking through it makes sense they could be an appeal of the right to no approval. I do have to say I don't think many attorneys are aware of this. the usually procedure is to hold closings until subdivision or variance appeal periods are up but I've never heard of waiting 60 from a signed ANR.

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On another Massachusetts matter; have either of you ever heard of a statute fixing the width of an unspecified width public road being set at 3 rods? I believe it's a statute in Maine but how about Mass?

@hack There is no statute "fixing" the widths of otherwise unspecified roads in Mass.

@peter-lothian Thank you, my scenario is different.?ÿ The plans were endorsed by the Planning Board as they are clearly ANR.?ÿ One attorney is holding out for 60 days in fear of appeal from parties unknown.?ÿ I am not sure who would be aggrieved.