Frequently Asked Questions by Applicants

Frequently Asked Questions By Applicants

Can I subdivide my lot?    What is an ANR Plan?

A subdivision is a division of land into two or more lots and involves the creation of a new road.  An ANR (“approval not required”) is the division of land into lots with frontage on existing roads, whether public or private, or simply reconfiguring lot lines. The Planning Board endorses ANRs certifying that approval under the Town’s Subdivision Regulations is not required.

You must first determine whether you have sufficient land to meet the applicable requirements in the Zoning Bylaw to be subdivided. Consult the Zoning By-Law to determine the required lot size in your zoning district. Contact a local surveyor or engineer to determine whether your property meets the requirements and to draw up a certified ANR plan. You must also ensure your new lot(s) have adequate frontage along an existing road to provide access.    We suggest calling the Building Department and speaking with the Building Inspector with any questions regarding compliance with dimensional requirements for lots.   

You can also email a draft ANR plan to the Director of Planning & Development, Eric Smith, at Esmith@townofathol.org.

Do I need an attorney to file an application with the Board of Planning & Community Development?

An attorney is not a requirement.  Applications can be submitted by an attorney on behalf of an applicant, by the property owner or by a representative of the owner such as an architect or contractor.   The property owner's signature is required on our applications, even if an attorney or representative of the owner submits it.

However, it is important that you understand what action you are requesting from the Board and how you qualify for it.  If you do not understand the Bylaw or what you need from the Board, a lawyer or other representative may be able to help you.  You may also want a lawyer or representative to present your case before the Board if you do not feel comfortable doing so yourself. Staff is also available to help answer questions on the process.

If I have submitted an application to the Planning Board do I need to attend the meeting/hearing? 

Yes, or someone authorized to present the project/application. In addition, we have found it has been more productive for some of the more complex projects to not only have the applicant attend, but also the applicant’s engineer or other team members as well to answer questions that may arise during the process.  

Can I meet with staff prior to submitting an application?   

Yes, although this is not required, both applicants and staff have found this to be helpful for some of the more complex projects. This “Development Review Group Meeting" is a forum for the technical staffs of both the developer and municipality to meet for an informal review and exchange. This type of meeting may not be necessary for minor applications but has been helpful for some of the more complex commercial and residential projects. There is no fee associated with this meeting. A concept plan and summary is helpful for staff to have in advance of the meeting but it is not required. Typical attendees from the Town are: Director of Planning & Development,  Building Inspector, Board of Health Director, Police and Fire Chiefs, DPW Superintendent and Town Manager. Applicants in the past have usually had either their engineer, architect, project manager, and applicant participate.  

How long is the process for a project? 

It depends on the application and the complexity of the project. An Applicant should plan on at least 2-3 public hearings for most complex projects; a great deal depends on the responsiveness of the engineer to the peer review and public hearings as well as abutters input, if any, and whether or not further tests and studies need to be conducted such as traffic studies etc. If a legal advertisement is required (depends on type of application, see checklist) the first ad must be published at least 14 days prior to the date of the public hearing. Upon application submissions the Planning Board will schedule a hearing/meeting as soon as possible. 

Other factors that can impact the length of the process often depend on the complexity of the project and whether or not it is a sensitive project with abutter concerns. We have found for some of the more complex projects it has been helpful for the applicant to: 

• Arrange for an abutter or neighborhood meeting prior to submitting an application to become knowledgeable of their concerns and address them (to the extent possible) prior to filing an application. 

• Meet with staff for a “Development Review Group Meeting ” for an informal review and exchange. 

• Arrange for site visits with town staff and Board Members. 

• Arrange to have the developer’s technical staff present at meetings to answer questions that may arise during the process.