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

[Barbara Carboni]

Secondary point, but covenant to limit bedrooms as part of subdivision approval does not violate G.L. c. 40A, s. 3; that provision of s. 3 applies only to zoning bylaws/ordinances, not to regulations that are part of other statutory schemes such as Subdivision Control.
Barbara

________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Bob Mitchell via MassPlanners <massplanners at masscptc.org>
Sent: Thursday, December 2, 2021 2:45 PM
To: Douglas Finn <dfinn at edgartown-ma.us>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] Change to a 30-year-old Subdivision Covenant

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<mailto:MitchellFAICP at gmail.com>



On Thu, Dec 2, 2021 at 1:23 PM Douglas Finn via MassPlanners <massplanners at masscptc.org<mailto: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<mailto:dfinn at edgartown-ma.us>
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