1961-11-14 - Laserfiche WebLink

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-2- Nickerson: 2- Hickerson: If we deny this should we write a letter to these people and return their $15 and tell them their coming before us was in error? Snow: I made this material after we saw the notice before the hearing at the Board of Appeals. Nickerson: I think we will settle that matter ourselves. Ripley: Is it definite in your mind that this board could not grant this petition? Should we have had it all? Stevens: They should have been told that this is a subdivision and sent to the Planning Board. Ripley: We ;can't grant it? Nickerson: If it had been approved by the Planning Board we could have granted it. Stevens: If the Planning Board has endorsed it, but the lots do not meet the zoning, than it comes before you for the variance. If they want to treat it as a subdivision they could refuse their endorsement. They might come and oppose the granting of it. Meyer: Hear can we say that it is not a subdivision when it is a subdivision? Stevens: You have got legislation written by non -experts that has got to be interpreted so it will work. Nickerson: I would li)w to ask the Planning Board if when we communicate with this person we should advise him that he should come before the Planning Board. Stevens: You have to say it is a subdivision which requires Planning Board approval. (construction?) Soule: If we had the public tearing the .... could be done on the subdivision control law. If we felt that this turn -around could be less than 1201 and so varied our regulations to make it legal it would have to go before the Board of Appeals. If we held to the'1201 it would never appear before the Board of Appeals. Ripley- I still don't know where we stand. Snow: (Refers.to letter of 1957) It seems that the only time we would not act on a plan would be when it was on an accepted street and someone was asking for a variance on frontage or size of the lot. Technically, that is a subdivision. Stevens; If it is a subdivision the Building Inspector is not supposed to issue a ' building permit. Meyer: Is there any way for the Board of Appeals to distinguish zoning variances from subdivision control variances? Stevens: They should have to point out chapter and verse of what they are trying to get a variance from. The notices should indicate what it is they are trying to do. Soule: Boston distinguishes between the structure of appeals.