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ISoule: Joint Meeting with Planning Board November 214, 1961 We are here to try to get an understanding on what areas of trespass we are making on each other. Nickerson: Will you consider Patricia Terrace first? Soule: O.K. (Reads letter of 10/10/61 to Board of Appeals from Planning Board) There seems to be two areas here. -.One is frontage and street. Nickerson: I think the reason we have delayed our decision is to see if Harold can advise us of any more economical way of doing this without creating so much expense that the lot won't bring that much in return. * felt that this was a piece of land isolated beyond any use. If so much money had to be spent they wouldn't do it. Stevens: This goes back to the question of whether or not it is a subdivision. It comes within the definition of subdivision, It comes before you to apparently grant a variance of the by-law. It vests in the Board of Appeals power to grant variances. That doeantt involve right to grant variances from the control law. Some years ago we got into a discussion about how you would know which.was which when they came before you. I suggested that in all cases where you are presented with a plan and asked to act on it that you not grant that until the plan was endorsed in some way by the Planning Board. I had thought that that was followed. Then later it was my understanding that the Planning Board didn't want it that way. I have told them that was very confusing. Mayers A subdivision is the division.of a parcel of land into two or more parcels where one doesn't have frontage or doesn't face on an accepted way. As the zoning Board of Appeal you have a right to grant lots that have insufficient frontage or area, As the sub control board of appeal you have the right to grant on an unaccepted way. If a plan comes in here and divides a piece of property where the frontage is in right it is a sub- division. You just get a variance on a frontage. Can we rule that it would not be a subdivision if the person gets a variance from the Board of Appeals? Souls: Eben after the Board of Appeals has granted a variance? Stevens: We are talkingabout before -hand. Nickerson: What do we do when they are pushed to us by the Planning Board? They come down here to the Planning Board. The Planning Board sends them to us. Stevens: If they are going to operate on that basis they have to abide by what you do. Mabae: We have been incansistent. Nickerson: On the Patricia Terrace deal ... unless the Planning Board puts its stamp of approval on this we can't act on it. Stevens: It is a subdivision. The Maloney thing was a lot. This is different. This is a large tract of land at the and of this so-called etreet. They want two lots. They have got to go to the Planning Board to have a subdivision approved: There has to be a hearing by the Planning Board