[Massplanners] Grandfathering

[Barbara Carboni]

Hi Jon,

If the lot was in existence at the time the bylaw was amended to change the setback from 15 to 25 feet, the lot is lawfully nonconforming and owner has vested rights in application of the old bylaw requirement of 15 feet (another way of saying “grandfathered”).  This is assuming that there has been no unlawful construction/zoning violation that the Town would be entitled to enforce.

Barbara

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

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Jon Thompson via MassPlanners
Sent: Thursday, August 15, 2024 12:34 PM
To: massplanners at masscptc.org
Subject: [Massplanners] Grandfathering

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

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