§ 240-91. Nonconforming lot.

A. 

Separate lot exemption. Any increase in area, frontage, width, yard or depth requirement of this chapter shall not apply to a lot for single- or two-family residential use which at the time of recording or endorsement:

(1) 

Was not held in common ownership with any adjoining land; and

(2) 

Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and

(3) 

Conformed to the existing zoning if any when legally created; and

(4) 

Was separately owned at the time of every zoning change which made it nonconforming.

B. 

Common lot protection.

(1) 

Any increase in the area, frontage, width, yard or depth requirement of this chapter shall not apply for a period of five years from the effective date of the change, to a lot for single- or two-family residential use that:

(a) 

Is held in common ownership with not more than two adjoining lots; and

(b) 

Had a minimum of 7,500 square feet in area and 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and

(c) 

Was recorded or endorsed on a plan that conformed to zoning when legally created; and

(d) 

Conformed to applicable zoning requirements as of January 1, 1976.

C. 

The protection afforded by Subsection B shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence.

[Amended 1-20-2005 by Order No. 2005-039]

D. 

Approval-not-required plan protection. Any change in uses permitted under this chapter shall not apply to any lot created by a plan endorsed by the Planning Board as a plan not requiring approval under the Subdivision Control Law for such period of three years from the date of endorsement, as provided by MGL Ch. 40A, § 6.

E. 

Subdivision plan protection. Any change in this chapter shall not apply to land shown on a plan under the Subdivision Control Law by a duly submitted and endorsed definitive subdivision plan, or a preliminary plan followed within seven months by a definitive plan, for such period of eight years from the date of endorsement, as provided by MGL Ch. 40A, § 6. Any legally created lot with a recorded release from covenant of the Planning Board that has been sold or transferred into separate ownership and control from any adjoining lots within eight years from the endorsement of the original subdivision plan shall be exempt from any dimensional or bulk zoning changes and shall not lose its status as a single buildable lot under zoning.

F. 

Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s).

G. 

Resource Protection Overlay District.

[Amended 10-26-2000]

(1) 

Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single- or two-family residential use which immediately prior to November 16, 2000, either:

(a) 

Conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000: or

(b) 

Immediately prior to (on the effective date of this chapter,) was protected from the applicable bulk requirements of this subsection by the provisions of § 240-91A, B, C, D, or E of this chapter.

(2) 

This protection afforded by this subsection shall be permanent.

H. 

Developed lot protection; demolition and rebuilding on nonconforming lots. Preexisting legal nonconforming lots which have been improved by the construction of a single- or two-family residence which conformed to all provisions of the zoning ordinance or bylaw at the time of construction shall be entitled to completely demolish the old residence and construct thereon a new residence in accordance with the following.

[Added 11-18-2004 by Order No. 2005-025]

(1) 

As-of-right. The proposed demolition and rebuilding shall be permitted as-of-right on a preexisting legal nonconforming lot that contains a minimum of 10,000 square feet of contiguous upland, provided that the Building Commissioner determines that all of the following criteria are met:

(a) 

The proposed new structure conforms to all current use and setback requirements of the zoning district it is located in;

(b) 

The proposed construction conforms to the following requirements of lot coverage, floor area ratio and building height:

[1] 

Lot coverage by all buildings and all structures shall not exceed 20% or the existing lot coverage, whichever is greater;

[2] 

The floor area ratio shall not exceed 0.30 or the existing floor area ratio of the structure being demolished and rebuilt, whichever is greater; and

[3] 

The building height, in feet, shall not exceed 30 feet to the highest plate and shall contain no more than 2 1/2 stories. The building height, in feet, shall be defined as the vertical distance from the average grade plane to plate.

(c) 

Further expansion of the rebuilt structure must conform to Subsection H(1)(b) above.

(2) 

As of right: merged lots each containing a minimum area of 43,560 square feet of contiguous upland. Where, immediately prior to November 16, 2000, two legally created contiguous lots each containing a minimum area of 43,560 square feet of contiguous upland were: (a) located in the Resource Protection Overlay District and (b) held in common ownership and (c) improved by the construction of one single-family residence, including accessory structures which occupied both lots, each said 43,560 square foot lot may be treated under these provisions as two separate buildable lots, provided that each of said lots conformed to all the bulk regulations of the zoning ordinance immediately prior to November 16, 2000, and as long as the other requirements of § 240-91H(1)(a) through (c) above are satisfied.

[Added 5-7-2009 by Order No. 2009-099]

(3) 

By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that:

(a) 

If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and

[Amended 2-17-2005 by Order No. 2005-058]

(b) 

All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met.

(c) 

The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling.

(d) 

This section shall only apply to Subsection H(2) to the extent that the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above and shall not be available for relief from any of the other provisions of Subsection H(2).

[Added 5-7-2009 by Order No. 2009-099]

Editor's Note: This order also redesignated former Subsection H(2) as Subsection H(3).