Subdivision Lots That Do Not Meet the Ordinance
A 6-lot subdivision is proposed on 18.2 acres in a Maine town with a 150-ft road frontage minimum, 40,000-sq-ft minimum lot area, and a 100-ft shoreland setback from the pond. The sketch plan shows Lot 3 with 148.5 ft of frontage measured along the curved edge of the proposed cul-de-sac, Lot 4 with 39,600 sq ft after a 50-ft-wide road dedication, and Lot 6 with a building envelope that extends 12 ft into the shoreland setback. The planning board has not yet accepted the road. The client asks you to label the lots as 'compliant' on the plat because the board 'usually grants variances.' The town's ordinance also requires a high-intensity soil survey and a note that lots are subject to shoreland zoning. The road is proposed as a 50-ft right-of-way with a 22-ft traveled way.
1. Identify each ordinance deficiency and explain what must be measured or shown on the plat.
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Lot 3 has 148.5 ft of frontage against a 150-ft minimum, a 1.5-ft deficiency. The ordinance must be checked to see whether frontage on a cul-de-sac is measured along the arc, chord, or right-of-way line; the plat should state the measurement basis. Lot 4 has 39,600 sq ft against a 40,000-sq-ft minimum, a 400-sq-ft deficiency after the 50-ft road dedication. The dedication cannot be used to create a nonconforming lot unless the ordinance expressly allows it.
Lot 6's building envelope extends 12 ft into the 100-ft shoreland setback, so the envelope must be revised or a variance obtained. The plat must also show the high-intensity soil survey and the required shoreland-zoning note. Each lot's area, frontage, and building envelope should be dimensioned and labeled with the actual values.
2. Can you label the lots 'compliant' because the board usually grants variances?
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No. A variance is a decision of the planning board or board of appeals after the applicable review; the surveyor cannot predetermine it. Labeling a noncompliant lot as compliant is a false certification and can mislead the board, the buyer, and the town. It also exposes the surveyor to disciplinary and civil liability.
The plat should show the actual conditions and note the specific relief required, such as 'Lot 3 requires a 1.5-ft frontage variance; Lot 4 requires a 400-sq-ft area variance; Lot 6 building envelope must be revised to meet the 100-ft shoreland setback.' The note should be factual, not an argument that the board will approve.
3. What redesign or platting steps would you recommend before the plan is submitted?
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I would recommend revising the lot lines rather than relying on variances. Lot 3 can gain frontage by shifting a side line or adjusting the cul-de-sac geometry; Lot 4 can gain area by reducing the road dedication, increasing lot depth, or transferring area from an adjacent lot. Lot 6's building envelope should be moved out of the shoreland setback. The revised plat should show all dimensions, areas, frontage measurements, building envelopes, the high-intensity soil survey, and the shoreland-zoning note.
The plan should also show the proposed road as a 50-ft right-of-way with the 22-ft traveled way and state that road acceptance has not occurred. Before recording, the surveyor should confirm the town's subdivision ordinance and Maine subdivision review requirements and ensure the board has acted on any requested variances.