[Massplanners] abandonment of use for multi-family dwellings

[Aiu, Imaikalani]

I’m a planner Jim, not a Doctor.

Thank you,

Imai Aiu
Weston Town Planner
781-786-5065
www.weston.org/TownPlanner<http://www.weston.org/TownPlanner>

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Barbara Carboni via MassPlanners
Sent: Tuesday, October 10, 2023 1:45 PM
To: bcolema at comcast.net; massplanners at masscptc.org
Subject: Re: [Massplanners] abandonment of use for multi-family dwellings

Hi Bill,

Below is a case on abandonment and discontinuance of use, which the courts see as separate ways a nonconforming use can be extinguished.  Chapter 40A s. 6 sets a two-year period after which a nonconforming can be found to have been abandoned or discontinued, but look in your zoning bylaw aw well to see if your town treats this question any differently.

https://caselaw.findlaw.com/court/ma-court-of-appeals/1348576.html


Once a nonconforming use is gone, it is gone forever.  As my law partner used to say, “She’d dead, Jim.” (Star Trek reference).

Hope this is helpful.

Barbara

Barbara Carboni  AICP
Truro Town Planner and Land Use Counsel
(508) 214 0928



Barbara Carboni  AICP
Truro Town Planner and Land Use Counsel
(508) 214 0928

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of William Cole via MassPlanners
Sent: Tuesday, October 10, 2023 11:58 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Cc: WILLIAM COLE <bcolema at comcast.net<mailto:bcolema at comcast.net>>
Subject: [Massplanners] abandonment of use for multi-family dwellings

Wondering whether an unoccupied three family dwelling is considered to have abandoned it's non-conforming pre-existing use as a three family if it has sat empty for several years (though taxes have been paid).  It is gutted and in need of major renovation, but is not in a district where a new multi family could be built without a special permit.

Also, is a former four family dwelling that was changed several years ago to a two family dwelling entitled to return to a four family as a pre-existing non-conforming use.... or is the four family non-conforming use considered abandoned because it was physically changed to a two family dwelling?

The concept of abandonment of use is confusing to me.

Thanks in advance for any guidance.

Bill Cole
Hardwick

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate that to the sender and delete the copy you received. When writing or responding, please remember that the Secretary of State’s Office has determined that email is a public record. Please take notice: All e-mail communications sent or received by persons using the Town of Truro network may be subject to disclosure under the Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10) and the Federal Freedom of Information Act
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20231010/b5aae4cc/attachment.htm>