8/1/1984 PLANNING BOARD Minutes - Laserfiche WebLink

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a � TADn P. o. BOC 1108 ASHPEE. MA 02649 PLANNING BOARD MTN TES : August l,1 1984 MEMBERS PRESENT: Richard Dubin, Earle arsters ,-' Michele Stone , Richardson Jonas , Harold Collins CONSULTING ENGINEER: Charles L. Rowley TIME: 8:06 p.m. Mr. Dubin opened the meeting with a. public hearing to amend Section 5 .5 of the zoning by-laws . He read the notice from the paper and asked the prponn �.to come forward. Selectmen Terry came forward and said the S-electmen are in favor of deleting Sect-ion 5 .5 and there would still be protection under Chapter 40A and thea they won't have to be ov ridden with the problems of Section 5.5 Someone from the audience asked if this section covers undersized lots to rake them available to sell provided they meet all other requirements . r. Dubin said this would take away the protection undersized Lots now have , He said there 's other protections in the state law which RP gives x number of yeas after the plan is approved, Jane I Bute asked what lots would it delete , what type of lots . Mr. Dubin said it would delete , without reference to state law.. a lot that was legal 1/1/77 and then a zoning change is made which upgrades the lot size . They would thea have to go to the Board of Appeals . The Board said present state law protects lots for 8 years after plan i is approved. Ir. Jonas said if deletion of Section 5 .5 goes into affect, all lots undersized would have to go under present zoning. Jane La.b u t e asked what recourse do persons have who have owned under- sized lots for many years Mr. Jonas said they would have to go to the Board of Appeals and Mrs . Labute asked if they would give a, permit . Mr. Dubin felt there would be a lot- of such cases , Mr. Marsters felt it would only apply to undersized lots under common ownership. If they own l lot the state would protect it. If more than 1 lot they would have to combine the lots to meet the present