Introduction

There are two types of plans that allow for the creation of ‘lots’ under the regulations of the Commonwealth of Massachusetts. One is subdivision. The other is the "Approval Not Required" (ANR) plan, which does not require a public hearing or approval under the state’s subdivision control regulation.

Defining a Subdivision

Generally the distinction between a subdivision and ANR plan is based upon frontage, although other issues also apply. If a project does not have adequate frontage along an existing roadway (built roadway, not a paper street), you have a subdivision. The Lowell Subdivision Control Regulations dictate the minimum standards to which you must construct the road. They also regulate how you, as the developer, will warrant that the road is actually built, the fees involved, the types of plans and reports that must be submitted, inspections, and other requirements.

Approval Not Required Plans

ANR plans are for divisions of land that are exempt from the subdivision standards. There are a number of cases where under Massachusetts General Laws, section 41-81L, do not require a public hearing for a subdivision. These cases are:

• When every lot within the tract so divided has frontage on a public way or a way which the clerk of the city or town certifies is maintained and used as a public way
• When every lot within the tract so divided has frontage on a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law,
• When every lot within the tract so divided has frontage on a way in existence when the subdivision control law became effective in the city, having, in the opinion of the planning board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.
• Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so affected without the frontage above set forth.
• The division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city (in the case of Lowell, January 1, 1960) into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision.

The Planned Residential Development

An applicant doing a clustered development under the “Planned Residential Development” ordinance must apply for a special permit as well as a subdivision approval. The application can be filed with a preliminary or definitive subdivision application. The PRD special permit requires a public hearing before the Lowell City Council.

Application Forms

Preliminary application
Definitive application
ANR application
PRD application