[Massplanners] Subdivsion Lot surving as 'non-conforming' after zoning change?

[Douglas Finn]

Greetings, folks -

Back again with an interesting story.  Here goes...

 - A subdivision, creating a series of lots of about 1 acre, was
approved and recorded in 1977.
 - The developer began selling lots shortly thereafter.
 - In 1980, the Town changed its zoning to require lots to have a minimum
of 1.5 acres (60,000 square feet)
- At the time of the zoning change, the developer still held title to two
adjacent lots.
- One of these two lots (lot "A") was sold in August 1981, the other (lot
"B") in October 1981.
- Lot A was developed for residential use in 1986.
- Lot B lot remains undeveloped, but has been held by the original buyer
since that time.

Now comes someone wishing to develop the lot.

Does that lot have status as pre-existing non-conforming?
If not, did that lot lose that status in 1980?  or at some later point?

Any section of the General Law, or any Case Law that you could cite would
be very helpful.

Thanks,

- Doug.

============================
Douglas Finn
Assistant Pro Tem
Edgartown Planning Board
508-560-6602
dfinn at edgartown-ma.us
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