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01/20/1993 ZONING BOARD OF APPEALS Minutes
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01/20/1993 ZONING BOARD OF APPEALS Minutes
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
01/20/1993
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KOPELMAN AND PAIGE, P. C <br />• Memorandum to Municipal Clients <br />September 19, 1985 <br />Page 4. <br />This provision grants only a limited five year <br />protection from increases in area, frontage, width, yard, <br />or depth requirements of a Zoning By -Law. In order to <br />qualify, the following requirements must be met: <br />1. The lot is for single or two-family residential use; <br />2. the plan for such lot was recorded or endorsed <br />before the effective date of the zoning amendment <br />which made the lot non -conforming; <br />3. the lot was held in common ownership with adjoining <br />land; <br />4. it conformed to the existing dimensional requirements <br />of the zoning -by-law as of January 1, 1976; <br />5. and contained at least 7500 square feet of area and <br />seventy-five feet of frontage; and <br />•6. provided that these provisions do not apply to <br />more than three adjoining lots held in common <br />ownership. <br />Because adjoining lots in common ownership are protected <br />under the second sentence of c. 40A §6 14 from dimensional <br />changes for only a five year period, landowners have <br />sought to have their land adjudicated as not being held <br />in common ownership in order to qualify for indefinite <br />protection under the first sentence of paragraph four. <br />This is clearly a complicated aspect of zoning law. <br />Please feel free to contact this office if you have any <br />specific questions in this area. <br />Enclosures <br />EAL/kc <br />very truly yours, <br />j(_� <br />Elis eth A. Lane <br />Q <br />
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