[Massplanners] Merger provision applicability

Daniel Fortier daniel.j.fortier at gmail.com
Mon Nov 20 09:50:26 EST 2023


Well, given land in an adjacent community can be used to meet minimum lot
size (don't have the case citations handy but there are a few) I would
argue the precedent is there for Merger. Love to hear what our legal
colleagues think.

Daniel Fortier,  AICP
Retired Planner

On Mon, Nov 20, 2023, 8:29 AM John Hansen Jr. via MassPlanners <
massplanners at masscptc.org> wrote:

> Good morning all – Have a question about the merger provision
> applicability.  We had someone come in and ask if their vacant undersized
> lot could be built upon.  As with any such request, we ask if any adjacent
> lots are or were held in common.  In this case, there is an adjacent lot
> with a house on it that they own however it lies within an adjacent town.
> So the question is does the merger provision apply to adjacent lots held in
> common not within the subject community?  Thanks in advance and have a
> Happy Thanksgiving!
>
>
>
> John P. Hansen, Jr., AICP
>
> Community Development Director
>
> 68 Stevens Road
>
> Swansea, MA 02777
>
> 508-674-5731  x6
>
> jhansen at swanseama.gov
>
> https://swanseama.gov/government/planning_board/index.php
>
>
> --
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> MassPlanners at masscptc.org
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>
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