Halifax board delays Cedar Lane decision over assessor 'unbuildable' notation, asks town counsel

The Halifax Board of Appeals on June 8 voted to continue petition ZBA26-20 (Cedar Lane) after residents and board members raised questions about a long-standing assessor notation that some documents label the parcel as "unbuildable."

The applicant told the board the lot had been "perk'ed" four times and that an engineered septic system had been designed; he said he intended to place the house on one side of the lot and the septic on the other to avoid future subdivision. The board and residents debated whether prior assessor verbiage and past legal characterizations of the lot prevent development and who has the authority to change such a classification.

In the hearing, several residents described conflicting understandings of the lot's status going back 20–30 years. Board staff recommended the ZBA consult town counsel to determine (1) whether the property is listed on assessor records as unbuildable and which office or body may alter that designation, and (2) whether trustee documentation is required for the applicant to proceed. The board voted to continue the petition to its July 13 meeting to permit time to obtain counsel guidance and registry/assessor records.

"We need to reach out to town council...the item we need from town council though is the property listed on the assessor's line card as unbuildable," a staff member explained. Residents at the hearing repeatedly asked the board to clarify how the assessor's notation originated and why it had not been resolved earlier.

The board instructed staff to contact town counsel, to check the registry of deeds and assessor's records for supporting documentation, and to ask the applicant to sign a 60-day extension so the hearing can be continued without prejudice.

Next steps: Town counsel’s guidance and registry/assessor documentation are expected before the July 13 meeting; the board will resume ZBA26-20 after receiving that information.