HomeMy WebLinkAbout2005 MODIFICATION Zoning Info 7/22/88 SPR LY1.0 L,- %_11avi .'+U, 3M;UU1P U Y-age or
GENERAL LAWS OF MASSACHUSETTS
PAIN PA TUI -1 P.
ADM1Njs'rRAxi0N OF THE GOVERNMENT
TITL ' II.
ITI)CS, TOWNS AND DISTRICTS
CHAPTER 40A,. ZONiNG
Chapter 4Q : Section 6 Existing structures, uses, or permits; certain subdivision plans;
application of chapter
Szclion b. Except as hereinafter provided, a zoning ordinance or by-law sbail not apply to
structures oi•uses Jawfully in existence or lawfully begun, or to a building or special permit issued
be,foi-e the first pub]ieati:on of notice of the public hearing on such ordinance m by-law required by
section five, but shall apply to any change,or subs[an Iia] extension of such use, to a building or
special permit issued after the first notice of said public hearing,to any reconstruction, extension or
structural change of such striieturc. and to any alteration of a stritctrire begun. after the first notice of
said public: N-adng to provide For its use fm- a subsumtialIy di.fl'earent purpose or for the same
purpose in a subsmntially different manner or to a substantially greater extent except where
alteration, reconstruction, extension or structural change to a single or two-family residential
WuCLLW6 does riot increase-the rioncon forming nalar�_of said %trucLure— Pre-existing jioncon formi ng
St€ucture's or uses may he extended or a t=d, provided, that no such extension or a]teration shall be
permitted unless share. is a finding by the permit granting authority or by thr - special pert granting
awhorily designated by ordinance, or by-law that such change, exWnsion or alteration shall not be
substantially more rtrime,-rtal than the existing nonconfon iing use to the neighborhood. Tills
section shall not apply to establislurients which display live nudity for their parons, as defined in
section nine A, adult bookSt(}res, adult Tn(AiOn picture theaters, adult par€rphenialia shops, or adult
video stores subject to the provisions of s :tion mire A.
zoning ordinance or by-law shall provide that construction or operations birder a building or
pedal permit shall Corr rnr'rn to any sttbsegircllt arrrendrnf_�nt of the, ordinance or by-law rimless the
rise or construction is corninenced within a period of not inore than six jnorrths afwr the issuance of
the permit and in cases involving construction, unless such cons irr_rctiork is continued throrigh to
completion as continuously and expeditiously as is ireaSonabie.
A zon i ng ordinance or by-law in ay define and regulate nonconforming uses and structures
abandoned or not used foa;a pt rTjo l of two years or more,
Any increase its area, frontage, width, yard, or depth re quire men is of a zoning ordinance oT by-law
shall not apply to a lot for single and two-faryirly msidontial use. which at the Irrrre of recording or
endorsement, whichever occurs sooner was not held in conimon ownek-hip with any adjoining
tan 1, con fc mwAi to then e x isti ng requirements and had less lh:rn the proposed requirement buI. fit
least live thonsand sclr_iare feet of area arrrl Arty feet oI-frontage. Any iiwi-ease in {arca, frontage,
idth, yard or depth acquirement of a wiring ordinance or by-law shall no apply for a period of
five years from its effective date or- for five years after January firs1, nirrelet-n hundred and scverrty-
six, whichever is later, to a lot for single and two family residential use, provided the plan for such
lot. was recurded or endorsed and such lot was held in co-qu-non o ircj-ship with arry adjoining laird
ht#p:lJ�vv�.state.tria.r_rsllcisllaslErrglf�(}rl-fi.httr� I{}lffl
My .L - Chapter 40, Section 6 Page 2 of 3
and conformed to tht! existing zoning requirements as of January fil'St, ninetcen hundred and
seventy-six, and had Iess area, frontage, width, yard or depth ire,quiremeints than the newly effective
zoning requirement; but contained at least seven thousand five hundred square feet of area and
seventy-five feet of frontage, and proviclecl that ,aid five year period dries not Qum menot�, pried" to
January first, ainet=n hcondred and severlty-six, and provided further that the provisions rlf this
selntence -;hall not apply to more than three of such adjoining lots hejcl in comman aw nership. The
provisions. of this paragi:aph l r!<]E be i «7on (rued to pi-oh ibiE a loE being huill upon, if at the tin-bc
of the building, building upon such lot is, not probibited by tlrc zonjng ordinances or by-laws jn
effect in a city or town.
ti+ If a defiixitive plan, or a prrshminary plain followed within sever months by a defitnidVC plan, iS
submitted to a piairiliilg hoard for approvW under the subd j vi.,;i on control law, and written notice of
such submission has been given to the city or town clerk before the effective date-of ordinailc€, or
by-law, the land shown on such plod shall be govt-med by the applicable provisions of the zoning
ordinance, or by-law, if any, in effect at the time of the first such submission while such play or
plates are being processed urldcr tllc subdivision control law, and, if such definitive pearl or an
amendment thereof is finally approved, for eight years from the elate,ref the endorsement of such
approval, except in the case where such play was submitted or submitted and approved before
ialluary first, niiletcon hundred and seventy-six, for seven years from the.date of the,crrclorsct ono:
of such approval. Whether such period is eight years or seven years, it shall be extended by a period
equal to the time which a city or town irnpoNes or has it po.� ed upon it by a stye, a federal agency
or a co art, a moratorium on construction, thy, isso�rnce of permits {]r utiIity COnnections.
When a plan referred to in section eighty-ono P of chapter forty-mile has been ;ubmilted to a
pIanning board and written notice of siicb submimi(in has heen given to the city or town clerk, the
use of the laird shown on.such plan shall be governed by applicable provisions of the zoning
ordinance, or by-law its effect at the lime of the submission of such plan while succh plan is heing
processed under the subdivision control law including fllc tithe required to pursue or await the
datcrtrl.ination of an appeal preferred to in paid secEion, and for a period of three year-& from the date
of endorse-mr-rt by the planning board that approval undff the subdivision Control law is not
required, or wards of simihv import.
Disalpproval of a plan shall not serve to ti ):minale, any rights which shall have accrued under the
proVlSi011S cif thin SeCiic?r!, providcd an appeal from the decision disapproving said plan i% niacle
under applicable provisions of law. Such appeal shall spay, pending either (1) the Conclusion of
vOlurrtarY mediation proceedings and the filing of a i-itten agreement: for ju dgmcnt or ;fipulation
of dismissal, or M the entry of an order or decrr;e of a coua cif finatl jurisdicElon, ilia appi icabality to
land shown on said plan of the provisions of any oni.ng ordinan(7t- or by-law which became
effective after Ehe date of submission of the platy first submitted, together with tiMC rega,iTt!d W
ccniply with any such agreement or wiEli the lerm of any order or decree (if the,court.
in tllc event that any lot shown on a plan end4)rstA by Iht- pl�mnjng board is the subject inatter oI'
any appc,af or miy lktigaEion, the exomptivc: provisions of this section ,hall he e-xtejnded for a period
i rxjuaI to Ihat fmtn the dwe of filing of said appeal or the conulnencenictltrof Iitigadon, whichever- is
earlier, to the date of final disposition thereof, pr-)Yidt-d firial adjudication is in favor of Ells: owner
of said lot.
'fine l {oyd owner cif the Iand 0hall have the right, at any three, by iltl inFitrillFk nt duly reC 01-deed ill
thre registry O'deeds foi• fllc district in which the land lies, to waive the provisIon& or this .xeclion, ill
which caso the. ordinance or by-law then or there aftei- in effect shall apply. Thc sub MIS,9irltl 0f-fat
arrleildM plan or of a further subdivisioa of-al l s 3 r pal-L of 0he ia«ti shaII no( constitute sinch a wai ver,
littl�:ll w .. tare.i71a.Eisilegislla s/mgl/4 A-6-litiFi 10/9J03