[Massplanners] Conversion Question

Mon Jan 27 16:39:20 EST 2025

I will admit to some confusion, which is why I think you are asking the
assembled masses, but, there would appear to be some semantics at play. 

It would seem that your "townhouse" definition was created to address a
structure with three or more dwellings, as you are allowing two-family
structures (also commonly known as a duplex). When the zoning creates gray
areas, the courts will generally take it at face value. You allow
two-family, just because a two family looks like side by side town-houses
(but just two units), the court will, generally, say that the project fits
you two-family allowed use and say the structure is allowed.

Delving into rental or ownership, is another ball of wax. Dennis, long
before my time there, had a court case over its definition of cottage
colony. The argument was that Dennis was regulating a form of ownership (the
by-law did not allow them to be divided up for individual lots due to the
extreme non-conformities that would be created). The court found that
communities were prohibited from regulating ownership, but that the cottage
colony by-law regulated a use - a combination of a number of dwellings on a
lot - as opposed to ownership - single family homes. In my time in Dennis we
had one attempt to divide a cottage colony into individual lots by an 81L.
The town prevailed (Building Commissioner enforced against the recorded 81L
due to the creation of new non-conformities and violation of the cottage
colony restrictions in the zoning). The ANR was eventually voided by the
court, the colony was subsequently placed into condominium form of
ownership. If not for our affordable housing by-law, the property would have
remained a seasonal condo, but the property was also ultimately granted a
Special Permit under the Affordable Housing By-law allowing year-round use,
with two restricted as affordable.

Dan Fortier, AICP

Retired Planner

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Fiona
Coughlan via MassPlanners
Sent: Monday, January 27, 2025 2:58 PM
To: Thomas Bott via MassPlanners <massplanners at masscptc.org>
Subject: [Massplanners] Conversion Question

Hi All, 

This may be a silly question but here it goes.

A Special Permit was issued for a two-family dwelling in 2021. "Duplex" is
mentioned on documents but so is "two-family dwelling" (including both terms
mentioned on the plans). Two-family dwelling is defined in our ZBL as "A
detached building designed for and occupied exclusively as a home or
residence and containing two (2) dwelling units." We don't define duplex in
our ZBL, and we haven't historically required proof of ownership vs. rental.

The application materials, minutes, and most of the info on the site plan
reference two-family dwelling; the Decision and a notation on one site plan
references duplex. Now, that Applicant is trying to get a Building Permit
for attached townhouses (not allowed in the that zone) - two townhouses
attached to one another on the same lot. 

We define attached townhouses in our ZBL as: "Single Family Attached
Dwelling. A small footprint attached single family residential buildings
have narrow massing and may be located on individual or common lots. Each
unit is separated horizontally by a common wall and groups of buildings may
be separated by a common driveway or open space. Townhouses and Rowhouse are
examples."

I am trying to figure out if they can do any type of ownership, if they can
do ownership via a permit modification, if they must do rental, or if the
Town regulating to this extent without ZBL clarification is a fair housing
issue (getting that feeling!). I know there is An Act Enabling Cities and
Towns to Regulate the Conversion of Residential Property to the Condominium
Forms of Ownership, but we don't have a bylaw controlling how residential
properties can be converted into condominiums or townhomes.   

Any assistance would be greatly appreciated; thank you in advance for your
time!

Fiona Coughlan, AICP

Town Planner

Planning Department 

Town of Grafton

508-839-5335 x 1402

 <mailto:coughlanf at grafton-ma.gov> coughlanf at grafton-ma.gov

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