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

[Jeff Lacy]

Never sure until either of The Bobs (Mitchell or Ritchie) weigh in, but my guess is the lots merged for zoning purposes after the 1980 vote. This was because they were then still in common ownership and the so-called Merger Doctrine says they merge to meet the new lot size requirements.

Lot A, by itself was not a legal building lot. But because a building permit was issued in error and never challenged within 7 years thereafter, the structure and use may remain. However, they are unlawful and not subject to the 40A:6 provisions for altering lawfully nonconforming structures. No expansion of the use should occur absent a zoning variance.

Lot B, even if now in single ownership, remains not a building lot absent a zoning variance. 

Despite, the Lot B owner could make economic use of the lot by selling to owners of Lot A in order to cure the zoning problems there. This would make Lot A fully conforming and allow for expansions, etc.

Jeff Lacy
Rural Planning Associates 
(413) 230-9693

Sent from my iPhone

> On Aug 30, 2023, at 2:11 PM, Douglas Finn via MassPlanners <massplanners at masscptc.org> wrote:
> 
> 
> 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
> -- 
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20230830/022bfaed/attachment.htm>