[Massplanners] Common Ownership Question

[Matthew Benoit]

Listserv,

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 straddle 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 feedback!

Respectfully,

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

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