[Massplanners] Common Ownership Question

[Dan Fortier]

We treat this lots as merged due to common ownership. They do not have to be on one deed to be considered merged. Setbacks would be to the outer perimeter of the merged lots.


Daniel J. Fortier, AICP
Town Planner
Dennis Planning Department
685 Route 134
South Dennis MA 02660
Phone 508-760-6119
dfortier at town.dennis.ma.us



From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Matthew Benoit via MassPlanners
Sent: Thursday, January 27, 2022 2:33 PM
To: massplanners at masscptc.org
Subject: [Massplanners] Common Ownership Question

Pre-existing non-conforming structure and lot, abuts a undeveloped pre-existing nonconforming lot.  Both properties are under the same ownership, but are on two separate deeds.  If common ownership law applies, both lots would create a combined non-conforming lot anyway.  Property owner wants to build a garage addition that would strattle the property line that currently divides the two lots.  The question is: 1) Does common ownership law legally combine both lots even though they have two separate deeds despite common ownership and/or 2) Does this structural expansion remove grandfathering rights thus requiring variances for setbacks etc.?

Thank you in advance for your comments!

Matthew C. Benoit, Notary Public
Director of Community Development
Town of Douglas
29 Depot Street
Douglas, MA 01516
508-476-4000  x206
www.douglas-ma.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.douglas-ma.gov&c=E,1,pe2Z4Uc2sE6rM6YjtoxQmAGSVTdKhbwiOyed6dyntY68uWpoiqbECdZYeeDtfA7ph23SpSPn48um2s3JcdNANfjvV7LiOtc0Fdygx1hJTEU94YRC-1A,&typo=1&ancr_add=1>



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