[Massplanners] AN EASY ONE

[Town Administration]

Allow me to clarify -

My use of the term "conforming" in this case means that the lot - once the dwelling and use are extinguished - no longer has any quality or character that run afoul of the zoning bylaw.

It's not against zoning to have an undersized lot - there are lots of them, everywhere.   To be certain, it's no longer a building lot, by any stretch, and can never be made a building lot (assuming that there's no other provision in the zoning bylaw that would allow it).

- Doug.

From: Eric Rumsey <erumsey at southbridgemass.org>
Sent: Tuesday, October 25, 2022 3:53 PM
To: Town Administration <Administration at westhamptonma.org>; massplanners at masscptc.org
Subject: RE: AN EASY ONE


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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>
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From: MassPlanners <massplanners-bounces at masscptc.org<mailto: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<mailto: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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