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

[Slagle, Eric]

In my opinion, the buildable status would not survive this ANR, because Lot A (and Lot B) would no longer exist. Instead, after the ANR, you would have Lots C and D, where C would be the large piece of A plus B4 and B5, and D would be the small piece of A plus B1, B2, and B3. Since neither C or D was in existence in 1975, they would not have grandfathered status.

R. Eric Slagle | Director
Division of Development Services
Department of Planning and Development
The City of Lowell
City Hall, 375 Merrimack Street, 2nd Floor | Lowell, MA 01852
t: 978.674.1471| f: 978.446.7103| www.lowellma.gov<http://www.lowellma.gov/>
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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Douglas Finn
Sent: Thursday, July 1, 2021 2:42 PM
To: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] ANR adjustment to a Pre-existing / Non-conforming lot.

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.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<mailto:dfinn at edgartown-ma.us>
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