PAD Sites In Massachusetts: Avoiding Subdivision Control In Shopping Center Development

The development of power centers in Massachusetts through PAD or out-parcel sales can be complicated by the application of the Massachusetts Subdivision Control Law. The Subdivision Control Law has as its purpose to regulate design and construction of ways in subdivisions and providing access to the several lots created by the subdivision until they become public ways. Recently, a national retailer negotiated to acquire land for a major power center south of Boston. The retailer was paying top dollar for the site and wished to establish PAD locations for stand-alone allied branded stores and have each individual retailer finance and construct its own building, subject to usual cross easements and common maintenance agreements. The national retailer would sell the PAD sites to the retailers, reimbursing itself for a portion of the substantial outlay of funds to acquire the land. The national retailer would retain enough land to build its store and other units in a strip