Can I subdivide my property to create another lot?

There are two methods by which a lot can be divided.

First, there is the mutual adjustment of property lines between abutting lots, either by sale or exchange, or the creation of new building lots on an existing street, assuming the lots will have sufficient access, area, and frontage. These kinds of divisions are simple processes that do not require a public hearing. They require a Form A, also known as an Approval Not Required (ANR) plan, to be submitted to the Department of Planning and Community Development for endorsement by the Planning Board. Reviews will be completed within 21 days of submittal. 

Second, there is the formal division or splitting of an existing lot into two or more separate lots, or the construction of new streets combined with new building lots. These kinds of subdivisions are regulated by the state’s Subdivision Control Law (MGL Ch. 40A, S. 5) and require a public hearing before the Planning Board with abutter notification. In addition, these subdivisions require a careful analysis of construction standards, drainage, traffic patterns, and other factors. It should be noted that the Town of Weymouth adopted the Subdivision Control Law in 1958.

Regardless of the type of subdivision, any action that proposes changes to a property line requires the property owner to present a professional plan to the Planning Board for signing. Of course, plans will vary in complexity. ANR plans (or Form A plans) are usually a single sheet while plans reviewed under the Subdivision Control Law are generally very detailed. In any case, each plan must be prepared by a registered land surveyor and/or professional engineer.           

When deciding whether or not to pursue a subdivision, it is important to determine the zoning district in which the property is located. Each zoning district has a different set of minimum requirements for lot area, lot depth, and frontage. These requirements determine whether or not a lot is buildable. In addition, each zoning district has its own land-use restrictions and setback requirements. Residents and business owners can review this information in the Weymouth Zoning Ordinance. You can then estimate the maximum number of lots that can potentially be created. 

The most common zoning district in Weymouth is the R-1 Low Density (Single-Family) Residential district. The minimum lot area for this district is 25,000 square feet. In order to subdivide a lot within an R-1 district, the existing lot must be at least twice the required minimum lot size (or 50,000 square feet) such that each new lot will satisfy the 25,000 square foot requirement. Generally, each new lot must contain 40 feet of frontage within an R-1 district. Additionally, for lots in existence since 1985, in the R-1, R-3, and R-4 zones, the minimum frontage is 72 feet if the lot is to be subdivided into three or more lots based on the percentage of the minimum 120-foot lot width (Zoning Ordinance Section 120-59.1). The minimum required frontage in the R-2 zoning district is 75 feet (See Zoning Ordinance Table 1 – Schedule of District Regulations). Frontage is the lot line separating a lot from a street line providing vehicular access and egress between the lot and the street.