[Massplanners] Change to a 30-year-old Subdivision Covenant

[Douglas Finn]

Hey MassPlanners -

Looking to confirm some procedural requirements .  Here's the scoop:

- Subdivision approved in 1988.  A covenant limiting the bedroom count on
specific lots in the subdivision was recorded as a condition of approval,
at the request of the Board of Health.
- MGL 40A Sec. 3 para 2 ("No zoning ordinance or by-law shall regulate or
restrict the interior area of a single family residential building...")
suggests that such a covenant might be unenforceable (has this been tested?)
- Our current Board of Health expresses no opinion about the covenant one
way or the other.
- The current owner of the property is requesting the removal of the
restriction on bedroom count.
- The Board would vote to support the modification to the covenant.

Public hearing with notice to abutters?  Or simple vote at a
regular meeting?

Thanks,

- Doug.

Douglas Finn, Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us
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