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

[Douglas Finn]

Also good to know.  Thanks to all!

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 2:53 PM Barbara Carboni <bcarboni at truro-ma.gov>
wrote:

> 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
>
>
>
> 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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