In its recent rescript opinion in Pelullo v. Croft, the Appeals Court affirmed a Land Court decision that overturned a building inspector’s interpretation of an undefined term in the Natick Zoning Bylaw.  The Appeals Court found that the building inspector’s interpretation was unreasonable and therefore not entitled to deference. At issue was the meaning of the undefined term “lot depth.”  The Natick Bylaw provides that undefined terms “shall have their ordinarily accepted meanings or such as the context may…

In a case of first impression, the Appeals Court recently ruled that a dimensionally conforming structure used for a nonconforming use can’t be considered a nonconforming structure under M.G. L. c. 40A, § 6 (Section 6), first paragraph.  The case is Welch-Philippino v. Zoning Board of Appeals of Newburyport (pdf). Under Section 6, the alteration or extension of a pre-existing nonconforming commercial structure triggers the need for a so-called Section 6 finding, which is a finding that the proposed structural changes will not be substantially more…

In a previous post we discussed Gale v. Zoning Board of Appeals of Gloucester (pdf) and the “difficult and infelicitous” language of the first two sentences of M.G.L. c. 40A, § 6 governing nonconforming uses and structures.  In Gale, the Appeals Court upheld the grant of a special permit authorizing the reconstruction of a single-family house that increased existing setback nonconformities.  The court ruled that in such circumstances, the special permit must include a so-called Section 6…

Last week the Appeals Court decided Miles-Matthias v. Zoning Board of Appeals of Seekonk (pdf), the latest opinion to address the 30-day window under M.G.L. c. 40A, § 15 for appealing the issuance of a building permit. In Miles-Matthias, the plaintiffs were aware that the defendants planned to build three single-family homes that would share a common driveway.  The plaintiffs objected, on zoning grounds, to the common driveway, and voiced their concerns to the local building commissioner.  On these facts, the…

In our continuing look at the Legislature’s proposed land use reform bill, “An Act Promoting the Planning and Development of Sustainable Communities” (the Act), we turn to the subject of zoning freezes and Approval Not Required (ANR) plans.  The Act proposes significant changes to existing law governing the zoning freezes triggered by building permits, special permits, and subdivisions.  These changes are in Sections 6-12 of the Act (pdf).  The Act also proposes to eliminate ANR plans and replace them with a “Minor Subdivision” approval process.  These changes are in Sections 29-32…

In a decision that re-affirms its 2001 ruling in Preston v. Board of Appeals of Hull, the Appeals Court last week held that the grandfathered status of a lawful pre-existing nonconforming lot is not perpetual, and can be lost if the lot later comes into common ownership with adjoining land.  In such circumstances, the adjoining lots merge to the extent necessary to eliminate or reduce zoning nonconformities.  The decision is Timperio v. Zoning Board of Appeals of Weston. The unusual twist in Timperio involves…

In May 2012 we reported on Regis College’s effort to shoehorn into the Dover Amendment an eight-building, 766,000 square-foot residential facility for senior citizens.  See our prior post here.  Having lost in the Land Court, Regis filed a further appeal, and the Supreme Judicial Court (SJC) took the case on direct appellate review.  In Regis College v. Town of Weston, the SJC remanded the case to the Land Court for additional fact finding.  In a surprise…