[Massplanners] AN EASY ONE

[Eric Rumsey]

I would say that if the person removed the dwelling, and it was not destroyed by natural disaster, then no they could not rebuild without securing a variance or potentially a special permit depending on how your bylaws are written.  I would not say that the lot is now conforming if it does not comply with the requirements of the zoning bylaw, however.


Eric Rumsey
Town Planner & Conservation Agent
Economic Development and Planning Department
Town of Southbridge
41 Elm Street | Southbridge, MA 01550
p: 508.764.5402
e: erumsey at southbridgemass.org<mailto:erumsey at southbridgemass.org>
w: ci.southbridge.ma.us

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Town Administration via MassPlanners
Sent: Tuesday, October 25, 2022 3:35 PM
To: massplanners at masscptc.org
Subject: [Massplanners] AN EASY ONE

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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