A plan to divide a single property on Black Horse Lane into two residential lots was put on hold by the Cohasset Planning Board during its May 28 meeting, following extensive discussion over access rights, wetlands, and historical significance.
The proposal, submitted by Merrill Engineers & Land Surveyors, sought an Approval Not Required (ANR) endorsement under Massachusetts Subdivision Control Law to divide the existing lot into two parcels, both with frontage on Black Horse Lane. However, board members and residents raised numerous concerns that led the board to request a withdrawal of the application without prejudice.
“This is a site that has a significant amount of wetlands, it has a couple of easements, and it is going to have some challenges,” said Planning Board Chair Amy Glasmeier.
There is a significant question about whether the proposed lots had legitimate and practical access, especially given their reliance on a 50-foot-wide driveway easement owned by an abutter, the Stone family.
Peter Stone voiced concern about increased use of their private driveway for construction and residential access, questioning the legal scope of the easement.
“I don't see how that elevation can be possibly made accessible without using our easement as a common easement,” he said.
Planning Board members sought confirmation from the applicant that the deed provided access rights through the driveway, noting that access to the buildable portion of the property might otherwise be “illusory” due to the presence of extensive wetlands.
Board members, along with residents, also raised questions about the usability of the lots, pointing to environmental constraints.
“There’s a huge issue with water,” said resident Midge Stone. “After the last storm, we had to insert gravel [due to] drainage problems.”
Chair Glasmeier emphasized the potential limitations on development due to setbacks and wetland buffer zones, stating that "the building potential is really an extensive issue.”
Further complicating the proposal, the property is adjacent to land formerly designed by the Olmsted Brothers, famous landscape architects. Residents urged the board to consider the historical significance of the surrounding area.
“I think that’s something to consider also,” Midge Stone said. “It is just a beautiful area for the whole town of Cohasset.”
With the 21-day review period for ANR applications nearing its deadline, the applicant agreed to withdraw the submission and refile at a later date with additional documentation, including legal verification of access rights, updated site plans showing the driveway, and analysis of wetland impacts.
“The documentation is insufficient to actually feel a sense of assurance that this is going to work and it’s going to be good for all the parties involved,” Glasmeier said.
A revised application is expected to be filed in the coming weeks.
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