[Massplanners] AN EASY ONE

[Town Administration]

Last minute question for Planners Anonymous --and you'll forgive me, as I don't have my copy of "Handbook of Massachusetts Land Use and Planning Law" at the ready....

Given a pre-existing, non-conforming lot, with a pre-existing dwelling on it:

If the person removes the dwelling...
WITHOUT securing the right to rebuild (via a special permit, let's say)...
The non-confirming use is extinguished...
the lot becomes "conforming"...
And a new structure can not be rebuilt.

Is that correct?  Or, does the two-year lookback provision for non-conforming uses apply?

- Doug.
Westhampton
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