[HISTORY: Adopted by the Town of Plainville as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Town Meeting 1-25-1954]
No building permit shall be issued for the erection of any building
or structure, other than farm or accessory buildings, in any subdivision
or resubdivision in the Town of Plainville not approved by the Planning
and Zoning Commission of Plainville or on any lots abutting on unaccepted
highways or streets in the Town of Plainville.
A.
Section 180-1 shall not be applicable in a case where, prior to the effective date of this article, the lot upon which the building or structure is to be erected had been sold to a bona fide purchaser by the person, partnership or corporation laying out such subdivision or resubdivision or such street.
B.
Section 180-1 shall be applicable, however, to any lots which such person, partnership or corporation or its successor in interest owns on, or acquired subsequent to, the effective date of this article. For the purposes of this subsection "successor in interest" means any person, partnership or corporation succeeding to the ownership of all the predecessor's unsold land in any unapproved subdivision or resubdivision or abutting on any unaccepted highway or street if such land consists of three or more lots.
Any person denied a building permit by reason of § 180-1 may appeal to the Zoning Board of Appeals of Plainville. The Zoning Board of Appeals shall hold a public hearing on such appeal, notice of the hearing to be given not less than seven days prior thereto in a newspaper of general circulation in Plainville. The Board shall by majority vote of those members present at such hearing determine whether or not § 180-1 is applicable to such person. The Board shall also have the power by majority vote of those members present at such hearing to grant to such person an exception to the application of § 180-1, if the Board finds that such person will suffer undue or exceptional hardship by virtue of the application of § 180-1. In all instances of appeal requesting an exception to the application of § 180-1 the person appealing shall pay a fee as provided in Chapter 215, Fees, at the time of filing of such appeal.
