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minutes 3/1/78 <br /> page 2 <br /> 12 .5 To vest in Board -of Appeals all powers accorded in 808. <br /> 12 .6 808 says except where local ordinances and by-laws ex- <br /> pressly permit variances, no variance shall be permitted. <br /> This section empowers Board of Appeals to grant a use <br /> variance even if not otherwise permitted. 808 wipes out <br /> variance for use; this puts it back in, <br /> 14.5 From 808, Sec. 7, par 1 , making it mandatory for the <br /> Building Inspector to state why he is not enforcing <br /> a zoning by-law or what action he is taking to enforce <br /> it. <br /> The. Board of Selectmen shall received from the Planning <br /> Board their recommendations on the boning changes and <br /> they must respond within 14 days. <br /> Within 65 days, the Planning Board must hold a hearing. <br /> The notice must be published twice, the second notice <br /> not less than 14 days from the hearing. <br /> Notice must indicate the time , place and subject matter <br /> such as to identify it (write articles verbatim in the <br /> notice) , where people may read a ca y of the proposed <br /> changes (at the Town Clerk' s office, and a copy of the <br /> proposed changes must be mailed to the adjacent towns <br /> ' of Barnstable, Sandwich and Falmouth, and a copy to the <br /> Dept. of Community Affairs, and a copy to the Cape Cod <br /> Planning and .Economic Develp. Commission. <br /> -5 Planning Board Chairman shall sign an affidavit stating <br /> he has complied with these regulations. <br /> The town meeting vote must take place within 6 months <br /> of the hearing. <br /> The Planning Board should submit to the Attorney General <br /> reasons why the zoning change is being sought. <br /> GRANDFATHER PROVISION <br /> 808 says. any increase in area, frontage or other requirements <br /> shall not apply to a lot for residential use which, at the <br /> time of record was not held in common ownership with ajoining <br /> land. It makes every subdivision plan invalid as of passing <br /> of the by-law where lots have been sold. The Board is inves- <br /> tigating grandfather clauses to determine one which would <br /> not invalidate subdivisions totally. The Indian Land Suit <br /> has frozen development, and could cause all subdivisions to <br /> be invalidated as of the annual town meeting. <br /> Proposed 5 .5 Any lot shown on a plan and lawfully in <br /> existence in compliance with the provisions of the <br /> Subdivision Control Laws (Chapter 41 of the General <br /> Laws) as of January 1 , 1977 may thereafter be built <br /> upon for residential use . <br /> Meeting adjourned at 10:30. Deirdre Greelish <br />