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4. <br />• contiguous"? Ms. Lane replied "if those lots were held in <br />separate ownership at the time the by-law changed... if the <br />lots pre -dated the by-law change and then the by-law changed <br />--all this requires is that the lots have been in separate <br />ownership then. If two brothers owned it when the by-law changed <br />and later in time one brother conveyed it to the other, they <br />are still two separate lots. The by-law does not require that <br />you maintain it in separate ownership." Mr. Makunas said that <br />it was the time the by-law changed. "If they owned it six years <br />ago and the by-law changed five years ago the by-law is frozen." <br />Mr. Hauck: "if man owned one lot with a house on it and <br />he bought the lot next door after the by-law changed is it still <br />a separate buildable lot?" Ms. Lane said it was if it meets <br />the 5,000 and 50'. <br />Mr. Makunas asked what was considered single ownership <br />and if it was any variation of husband, husband and wife. <br />Ms. Lane replied that where it gets tricky is in real estate <br />trusts where it may be the same person controlling everything... <br />there has been at least one example where the court pierced <br />that and said it was the same thing,"but if you have husband, <br />husband and wife, wife... they are considered different." <br />• Mr. Govoni: "if you have a lot which was created with <br />certain zoning and the person held it and then sold it to me <br />last year -- does that zoning go back to the original zoning?" <br />Ms. Lane: "it has to have been in separate ownership at <br />the time the by-law changed -- you can't cure it by deeding <br />it out to someone else. When this lot was vacant and was <br />buildable when the by-law changed those lots were held in <br />separate ownership they are going to be buildable as long as <br />they comply with area, frontage, width and so forth, forever. <br />There may be other areas of the by-laws such as parking <br />requirements which could make them unbuildable." <br />Mr. Govoni: If you have a lot that was created through <br />a Variance -- you went for a Variance on setbacks and the <br />Variance runs out without having been exercised and the lot <br />was sold and the Variance runs out." <br />Ms. Lane: "Is it an empty lot? If it independently <br />qualified for the separate lot exemption it will have it forever. <br />If it did not qualify for isolated lot and they got a Variance <br />and it expired it has nothing... it is a non -conforming lot." <br />Mr. Govoni: "Can you go back for another Variance"? <br />Ms. Lane: "Sure, if you can convince the Board". <br />0 <br />