[Massplanners] Grandfathering

[Daniel Fortier]

Vesting applies to vacant lots, setbacks at the time it as created apply to
vacant lots. Once that lot has been built upon, then portions of the
structure within the new setbacks have lawful nonconforming status.  All
future construction must comply to the new zoning.

Daniel Fortier, AICP Retired Planner

On Thu, Aug 15, 2024, 12:01 PM Jonathon Idman via MassPlanners <
massplanners at masscptc.org> wrote:

> 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> *On Behalf Of *John
> Cruz via MassPlanners
> *Sent:* Thursday, August 15, 2024 12:46 PM
> *To:* Jon Thompson <shutesbury.jon.thompson at gmail.com>
> *Cc:* 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> 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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