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

[Bob Mitchell]

Doug: Chapter 41, Section 81W states:
*All of the provisions of the subdivision control law relating to the
submission and approval of a plan of a subdivision shall, so far as apt, be
applicable to the approval of the modification, amendment or rescission of
such approval and to a plan which has been changed under this section.*

The planning board has to go through the full definitive
subdivision process.

Bob


Bob Mitchell FAICP
Planning Consultant
Land Use, Planning, Zoning, & Training Programs
151 Tremont Street Suite 23A
Boston, MA 02111
617-512-9751 (c)
MitchellFAICP at gmail.com



On Thu, Dec 2, 2021 at 1:23 PM Douglas Finn via MassPlanners <
massplanners at masscptc.org> wrote:

> 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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>
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