Rockland #2212 -- A proposed by-law that would provide zoning - DOC by mek10591

VIEWS: 6 PAGES: 3

									Rockland Annual Town Meeting of May 13, 2002 — Case # 2212

Case Comment

       A proposed by-law that would provide zoning protections to lots that are not in common
       ownership with any adjoining land, that conformed to then existing requirements, and have
       less than the proposed requirement but at least ten thousand square feet of area and fifty
       feet of frontage is disapproved and deleted because it is inconsistent with G.L. c. 40A, § 6.
       Section 6 provides protections against any increase in area, frontage, width, yard, or depth
       requirements of a zoning by-law provided the lot is not in common ownership with any
       adjoining land, conformed to then existing requirements, and have less than the proposed
       requirement but at least five thousand square feet of area and fifty feet of frontage.
       Although the proposed by-law for the most part mirrors the text in G.L. c. 40A, § 6, it is
       incorrect for the proposed by-law to state that only those lots that have 10,000 square feet
       of area will be protected.


                                               October 18, 2002


Mary Pat Kaszanek, Town Clerk
242 Union Street
Rockland, MA 02370

RE:    Rockland Annual Town Meeting of May 13, 2002 — Case # 2212
       Warrant Articles # 21, 22, 23, 24, 36, 37, 41, 42, 43, and 49 (Zoning)

Dear Ms. Kaszanek:

      Articles 22, 23, 24, 36, 37, 41, 42, 43, and 49 - I return with the approval of this Office the
amendments to the town by-laws adopted under these Articles on the warrant for the Rockland
town meeting that convened on May 13, 2002, and the map pertaining to Article 37.

       Article 21 - I return with the disapproval of this Office the amendments to the town
by-laws adopted under this Article.

      The amendments adopted under Article 21 add a new subsection (g) to Section V.B. (1),
which would provide as follows:

       Any increase in area, frontage, width, yard or depth requirements of the Zoning By-Law
       shall not apply to a vacant lot for a single family residential use which at the time of
       recording or endorsement, whichever occurs sooner was not held in common ownership
       with any adjoining land, conformed to the then existing requirements, but contained at
       least 10,000 square feet of area and 50 feet of frontage.

       We disapprove and delete the amendments adopted under Article 21 because they are
inconsistent with G.L. c. 40A, § 6. [Disapproval # 1 of 1] Section 6 provides in pertinent part as
follows:
         Any increase in area, frontage, width, yard, or depth requirements of a zoning . . .
         by-law shall not apply to a lot for single and two-family residential use which at the
         time of recording or endorsement, whichever occurs sooner was not held in common
         ownership with any adjoining land, conformed to then existing requirements and had
         less than the proposed requirement but at least five thousand square feet of area and
         fifty feet of frontage.




50caf574-5ce1-4cfe-a567-27aa1c034b15.rtf
        Section 6 is a “grandfathering” provision which provides zoning protection for a lot in
single- and two-family residential use. Section 6 provides protections against any increase in area,
frontage, width, yard, or depth requirements of a zoning by-law provided the lot was not in
common ownership with any adjoining land, conformed to then existing requirements, and had
less than the proposed requirement but at least five thousand square feet of area and fifty feet of
frontage. Although the new subsection (g) for the most part mirrors the text in G.L. c. 40A, § 6, it
is an incorrect for subsection (g) to state that only those lots that have 10,000 square feet of area
will be protected. For this reason, we disapprove and delete the amendments adopted under
Article 21.

                                              Very truly yours,

                                              THOMAS F. REILLY
                                              ATTORNEY GENERAL


                                              by: Kelli E. Lawrence, Assistant Attorney General
                                              By-law Coordinator, Municipal Law Unit
                                              1350 Main Street, 4th Floor
                                              Springfield, MA 01103-1629
                                              (413) 784-1240, x 117


enc.
pc: Town Counsel

								
To top