[Massplanners] Grandfathering

[Jonathon Idman]

As is often the refrain here (and as emphasized in Comstock), it depends on what your local zoning bylaw provides.  The Brewster zoning bylaw provides such a protection, but in my experience such protection is unique among the landscape of zoning bylaws on the Cape, at least.

Jonathon D. Idman
Brewster Town Planner
(508) 896-3701 x. 1150

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Barbara Carboni via MassPlanners
Sent: Thursday, August 15, 2024 12:51 PM
To: John Cruz <john at cruzweb.net>; Jon Thompson <shutesbury.jon.thompson at gmail.com>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] Grandfathering

Yeah, I read too quickly and responded too quickly, my mistake. Sorry to muddy waters.
Barbara

Barbara Carboni  AICP  MCPPO
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 John Cruz via MassPlanners
Sent: Thursday, August 15, 2024 12:46 PM
To: Jon Thompson <shutesbury.jon.thompson at gmail.com<mailto:shutesbury.jon.thompson at gmail.com>>
Cc: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: Re: [Massplanners] Grandfathering

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<mailto: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
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