02/09/2000 ZONING BOARD OF APPEALS Decisions

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MIME ARTICLE V Nonconforming Buildings and Uses §174-17. Continuance; extensions; alterations. [Amended 104-1993 ATM,Art.24,approved 10-18-19931 Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter. Nonconforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. Changes,extensions or alterations of nonconforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, and changes, extensions or alterations of all other nonconforming structures, or nonconforming uses, may not be made unless there is a written finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood and that there is adequate land area to provide sufficient parking and setbacks as may be required. The Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. §174-18. Change of nonconforming use to conforming use. If any nonconforming use of any structure or land, or both, is changed to a conforming use, it shall not thereafter be put into any nonconforming use. §174-19. Abandonment of nonconforming use. If any nonconforming development or use of land or of a building is discontinued for a period of not less than twenty-four (24) consecutive month, which, in the terms of this chapter, shall be evidence of abandonment of a nonconforming usage, such land or building shall thereafter be used or developed only in accordance with the terms of this Zoning Bylaw for the zoning district in which such property is located. 417.1-20. Rebuilding of destroyed or damaged nonconforming structure. Any nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in §174-24 of this `i chapter. §174-21. Nonconforming lots. [Amended 5-7-1990 STNi,Art.7,approved 11-19-19901 A. �tonconforming 'ots may he developed as allowed by MGL C. 40A, §6, as amended. B. No iot may be cnaneed in size or shape so that a violation is created by a public taking of a portion of the lot. C. If a lot obtains its legal frontage on or requires access via a road shown on a subdivision plan as defined in LMGL C. 41, §81, which plan has been approved by the Planning Board, no building may be constructed on said lot unless the roads shown on such plan have been installed in accordance with Planning Board requirements, if any, in effect at the time the plan was submitted to the Planning Board where a release of the road covenant or release of other security has been obtained from the Board or, in accordance with current Planning Board requirements,where no road covenant or security has been so released. is j' i i 9 i,