[Massplanners] Grandfathering

[John Cruz]

The homeowner is incorrect, the old setback laws apply to pre-existing
non-conforming structures. New structures would need to adhere to the new
laws and will need to seek a variance.It is the structures currently on the
site that are "grandfathered in", not the property as a whole to be frozen
in time with laws no longer on the books.

By the homeowners logic, someone could demolish and redevelop a multifamily
buildingif existingf existing multifamily was allowed by right when it was
originally constructed but is no longer allowed under current zoning law.
As we know that is not the case.

On Thu, Aug 15, 2024, 12:35 Jon Thompson via MassPlanners <
massplanners at masscptc.org> wrote:

> Greetings planners,
>
> I am involved with a homeowner who would like to build a garage as a
> detached accessory structure.  The house was built in 1986, our zoning has
> subsequently changed, side setbacks have increased to 25’ from 15’.  This
> homeowner contends that the old setbacks should apply to this property.
>
> I can’t find anything that says setbacks in place at the time of the
> original lot creation remain with the lot forever.
>
> I’d appreciate any help you can provide.
>
> Jon Thompson
> Chair, Shutesbury Zoning Board of Appeals
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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