In Massachusetts, can an 81x Plan be used to consolidate lots?

In Massachusetts, can an 81x Plan be used to consolidate lots?

Posted by EJacobs on May 30, 2018 10:12 am

I have come across this on more than one occasion. A client owns connecting parcels and wants to develop the land. The new development will cover all of the parcels and either the client, the bank, or the Town requests that the parcels be consolidated. In every case I am told to prepare an ANR plan, my question is...why? Why can't this be done with an 81x plan? I have asked a few land use attorneys this question, but no one can give me a clear answer. It would seem to me if you are 'merging' the parcels and not dividing them, then an 81 x plan recorded in the Registry of Deeds with a new deed describing the perimeter would suffice.  Afterall, there are no new lines of 'division' being shown. Sometimes, this is a lot quicker and easier. Any thoughts and/ or comments would be appreciated.
Ed J.

Re: In Massachusetts, can an 81x Plan be used to consolidate lots?

Posted by TIM BENNETT_7 on Jun 7, 2018 2:07 pm

I'm with you Ed.  The cases where I've had to make it an ANR plan have been when it was at the request of the Building or Planning department in advance of filing a development plan - either Site Plan or Special Permit.  That said, I've had attorneys ask for it to be filed as an ANR, because it seems to give them a feeling of comfort - belt & suspenders... and more fees of course.

Re: In Massachusetts, can an 81x Plan be used to consolidate lots?

Posted by EJacobs on Jun 7, 2018 2:24 pm

Thanks Tim. It seems to be a bit of a gray area. I like the 81x method as it is faster and cleaner. Seems like every ANR I bring to a planning board gets scrutinized for things they shouldn't even be concerned with.

Re: In Massachusetts, can an 81x Plan be used to consolidate lots?

Posted by CASEY ELLIOTT_7 on Sep 2, 2018 2:52 pm

ANR and 81x Plan. Are these terms of art in Massachusetts? I am not familiar with them.