[Massplanners] Zoning Lot un-merger

[Barry Crimmins]

Matthew,

It was included in the Affordable Homes Act. See Section 10 of Ch. 150 of the Acts of 2024.

In essence, if both lots contain at least 10,000 square feet in area and 75 feet of frontage and conformed to existing dimensional requirements when created, then a building permit can be issued by right for a single family home containing not more than 1,850 square feet of heated living space and at least 3 bedrooms.

Barry R. Crimmins, Esquire
Law Offices of Barry R. Crimmins, P.C.
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Email: Barry at brc-law.com
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Sent from my iPhone

On Feb 13, 2025, at 10:58 AM, Matthew Benoit via MassPlanners <massplanners at masscptc.org> wrote:


Hang on Planners, there's a lot here.

Pre-existing non-conforming lots from the 50's and 60's that became non-conforming due to zoning frontage and lot size changes in the 70's and 80's.  Back then, there was a grace period (term unknown, 1 year I think) where non-conforming lots became merged once the grace period expired.  Did the state just pass a law in the Housing Bond Bill Legislation that authorizes owners to unmerge them and they'd still buildable today, despite existing zoning?

Mike Duffany, President of Home Builders and Remodelers Association of Massachusetts in a Fall 2024 publication of Bay State Builder from Fall 2024, states: "(Housing Bond Bill) Legislation includes the ability to un-"merge" lots in residential districts that had been previously consolidated as a result of local zoning changes that increased the size of buildable lots."

Can anyone else confirm this?

He also stated "the new ADU bylaw allows accessory dwelling units (ADU's) "by right" on lots of 10,000 square feet or more.  I don't think this carried forward into the new regs...


Matthew C. Benoit, Notary Public
Director of Community Development
Town of Douglas
29 Depot Street
Douglas MA 01516
508-476-4000  x 206
mbenoit at douglas-ma.gov
Town Hall Hours:
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