[Massplanners] Common Ownership Question

[Douglas Finn]

Hey there -

I would consider adjoining *parcels* in common ownership (regardless of the
specifics of the deed, determine who controls the lot?) to be one *lot* for
zoning purposes.

Legally, they remain two separate lots. Legally, they *could *be separately
sold to separate owners.  However, those two new lots would be substandard
-- a self-created hardship.

To your question: the construction of the addition would (a) require a
special permit, but (b) doesn't seem to create a new zoning violation --
provided that a special permit is issued under 3.4.3 of your zoning bylaw.
It would not quash the "pre-existing/non-conforming" nature of the lot.
You might suggest that the applicant,  as a condition approval of a special
permit, record a perimeter ANR plan, which would legally create the one lot
recognized by zoning....

Thanks,

- Doug.

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


On Wed, Feb 2, 2022 at 1:39 PM Matthew Benoit via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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