[Massplanners] Zoning Lot un-merger

[Barry Crimmins]

Kate,

What I did recently for one in an area community was to locate the plan that was referenced in the owner’s deed (in this case an ANR Plan), and then go back to the Zoning Bylaw that was in effect at that time the plan was endorsed to demonstrate that the lots “conformed to then existing requirements (regarding the dimensional requirements)” cited in the statute.

That’s the tricky part because in that case it meant finding the Zoning Bylaw that was in effect in 1971 (no easy task).

The last step of course is fairly straightforward (I.e. showing the lots each have 10,000 square feet in area and 75 feet of frontage and are located in “a zoning district that allows for single-family residential use.”

My developer clients are very excited about this new statute and I anticipate many of them utilizing it to construct single-family homes, once they become aware of it as it has not garnered as much publicity as the new ADU legislation.

Barry

Barry R. Crimmins, Esquire
Law Offices of Barry R. Crimmins, P.C.
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On Feb 19, 2025, at 12:26 PM, Katharine Lacy <katharinelacy at gmail.com> wrote:


Thanks Barry! Do you have a sense of what documentation is required to show that the lots were merged or that they once existed as separate lots?
On Wed, Feb 19, 2025 at 8:06 AM Barry Crimmins via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:
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.

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


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