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

[Bryon Clemence]

Was the Board of Health limit on bedrooms because of concerns about septic
system capacity and sizing (which could be related indirectly to lot size)?
If so, has anything changed to invalidate those concerns?

Thanks
Bryon

Bryon Clemence, P.E.
Boxborough MA

On Thu, Dec 2, 2021, 3:00 PM Douglas Finn via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>> --
>> MassPlanners mailing list
>> MassPlanners at masscptc.org
>> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>>
>> CAUTION: This email originated from outside of the organization. Do not
>> click links or open attachments unless you recognize the sender and know
>> the content is safe.
>> This communication may contain privileged or other confidential
>> information. If you are not the intended recipient, or believe that you
>> have received this communication in error, please do not print, copy,
>> retransmit, disseminate, or otherwise use the information. Also, please
>> indicate that to the sender and delete the copy you received. When writing
>> or responding, please remember that the Secretary of State’s Office has
>> determined that email is a public record. Please take notice: All e-mail
>> communications sent or received by persons using the Town of Truro network
>> may be subject to disclosure under the Massachusetts Public Records Law
>> (M.G.L. Chapter 66, Section 10) and the Federal Freedom of Information Act
>>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20211203/764aa732/attachment.htm>