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

[Douglas Finn]

Good to know.

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


On Thu, Dec 2, 2021 at 2:45 PM Bob Mitchell <mitchellfaicp at gmail.com> wrote:

> 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
>> --
>> MassPlanners mailing list
>> MassPlanners at masscptc.org
>> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>>
>
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