[Massplanners] Combining Substandard "Grandfather" lots

[Douglas Finn]

  Re/ these two lots:

[image: image.png]

What I've found:

Sturges v. Chilmark, 380 Mass. 246, 261 (1980) explored the phrase
“adjoining land” contained in the exemption provided by G. L. c. 40A, § 6.

In that case, the court noted that “Section 6 is concerned with protecting
a once valid lot from being rendered unbuildable for residential purposes,
assuming the lot meets modest minimum area . . . and frontage . . .
requirements.”

In this case, two lots, previously held in separate ownership, were
purchased by a single person.

I conclude that, by joining both lots in common ownership, the owner has
extinguished the *separate* grandfather status of the two lots, but retains
the *common* grandfather status of the now single buildable lot.  A
single-family home can be constructed by right, but such structure must
meet all other dimensional requirements, or otherwise be granted a variance.

Any opposing viewpoints?

- 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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