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Committee weighs removing 'seasonal' classification from zoning as deed-restriction conflicts persist
Summary
Committee members discussed taking seasonal use out of the zoning bylaw and relying on the Board of Health to regulate seasonal occupancy, but raised concerns about existing deed restrictions placed by multiple authorities and the process to lift them.
The Zoning Bylaw Review Committee examined whether to remove the “seasonal” classification from Lakeville’s zoning bylaw and shift responsibility for seasonal occupancy to the Board of Health.
Members said the Board of Health and the Zoning Board of Appeals have both imposed deed-restricted seasonal conditions on some properties—often tied to septic system upgrades or special permits—resulting in duplicate restrictions that complicate title, lending and future permitting for property owners. The committee discussed whether deed restrictions would remain effective in title chains even if the zoning definition were removed, and whether owners would need to seek formal release of restrictions through public hearings.
Committee members described a typical scenario: an owner obtains a special permit for seasonal use and upgrades a septic system to Title 5 standards; the Board of Health clears the system for year-round use, but the deed restriction placed by the ZBA remains in place until lifted through a public hearing process. Members said the duplication of authority can frustrate property owners and may require legal clarification from town counsel.
The committee asked staff to consult town counsel about the enforceability of existing deed restrictions if zoning language were changed and to return with recommendations. No bylaw amendment was advanced during the meeting.
