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Posts tagged "40A"

EXTENSIONS OR ALTERATIONS TO PRE-EXISTING NONCONFORMING STRUCTURES: PLACING CONDITIONS ON A G.L. c. 40A, § 6 FINDING

Municipal zoning regulations are in a constant state of flux - especially when considered in relation to the long life span of many Massachusetts' residential and commercial structures. As such, many homes and commercial properties do not conform to current zoning regulations, particularly concerning issues like frontage, side and rear yard setbacks, and floor-to-area ratio (square footage of a structure in relation to the total area of the lot). Often, these structures were built in conformance with the applicable zoning regulations, but have subsequently fallen out of compliance due to increasingly strict requirements. These structures are thus categorized as "pre-existing nonconforming", and are protected from the more restrictive zoning requirements as long as the structures remain unchanged.

NON-CONFORMING USES & SPECIAL PERMITS: A REMINDER FROM THE APPEALS COURT

Rule 1:28 decisions (unpublished decisions rendered by the Massachusetts Appeals Court) often contain concise synopses, if not reminders, of settled areas of law. Although they are not binding precedent in other cases (at best, they offer persuasive value), Rule 1:28 decisions give lawyers and potential litigants a sense of what the outcome might be if an appeal were pursued under a similar set of facts. Incidentally, they are also particularly helpful when the appellate courts have not recently adjudicated certain issues of law.