[Massplanners] ANR adjustment to a Pre-existing / Non-conforming lot.

Douglas Finn dfinn at edgartown-ma.us
Thu Jul 1 14:42:05 EDT 2021


Hey there -

Here's the TL;DR:   Does the "buildable" status of an *unimproved* pre-existing
non-conforming lot (which predates 1975, and predates zoning area
regulations) survive a lot line adjustment that doesn't increase its size?

The details:
[image: image.png]

   - All lots are pre-existing, but seriously non-conforming.
   - Lot B1 has an existing structure.
   - Lot A has no structure, but is determined to be a 'buildable' lot by
   the Zoning Officer.
   - Lot A is a buildable lot, and has a single-family dwelling on it.
   - Lots B2-B5 were in separate ownership, but are now owned in
   common with Lot B1 (lot B is now being treated as a single lot for zoning
   purposes).
   - Even if all lots (A and Bs) were combined together, the total area
   would not meet minimum zoning requirements.

The desire is to adjust the internal zig-zag lot line between Lot A and
Lots B, as indicated by the blue line, squaring off the two separate lots.

The lot line change would not make either lot "conforming" to minimum area
requirements.  Again, neither lot is conforming now.

To my mind, no new non-conformities would be created, so this isn't a case
of creating a zoning violation through ANR.

Does this jibe with your reasoning?

- Doug.

Douglas Finn, Administrative Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us
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