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Planning Board backs change to zoning rules for preexisting‑structure subdivisions to limit automatic vesting
Summary
The board voted to send a staff‑and‑counsel‑revised amendment (MGL §4181L related) to Town Meeting that would prevent automatic vesting of preexisting‑structure rights for newly created lots and require deed‑restriction drafts for ZBA review.
Emily Molden presented a zoning‑bylaw amendment addressing parcels created under the state's preexisting‑structures provision (MGL c. 41 §4181L). The draft would remove automatic vesting of nonconforming rights to newly created lots and require the Zoning Board of Appeals to receive an enforceable deed restriction in recordable form before issuing a special permit for redevelopment that could otherwise increase density or ground cover.
Staff and town counsel worked with the petitioner to refine language so the ZBA — rather than the Planning Board — makes the finding that any proposed new or expanded structure will not permit additional density beyond the original lot allowance. The board voted to close the public hearing and send the amended article to Town Meeting with a positive recommendation.
