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II. SPECIAL PERMIT. <br /> The Zoning By-law defines a non-conforming lot as "a lot <br /> that does not conform to a dimensional regulation prescribed <br /> by this by-law for the district in which it is located" , <br /> Section 2.20(A) . A structure , as well as a lot or use, may <br /> be non-conforming . See , M.G.L. c . 40A sec. 6, and Section <br /> 5. 1 of the By-law. <br /> In this instance , the Petitioners ' lot is undersized for <br /> the District (R-3) , containing 32,760 square feet . In <br /> addition , the structure thereon (a single family house) is <br /> non-conforming, as it fails to meet the 50 foot setback from <br /> water and wetlands required by Section 7.7. As such, no <br /> change , extension, or enlargement may be made , except by <br /> Special Permit granted by the Board of Appeals, M.G.L. c. 40A <br /> sec. 6; Section 5. 1 of the By-law. The Board may allow the <br /> granting of the Special Permit upon a finding that the <br /> extension or enlargement will not be substantially more <br /> detrimental than the existing non-conforming use to the <br /> neighborhood. In addition, because the proposed addition is <br /> located near an estuarine system, the provisions of Section <br /> IAM C. HENCHY <br /> ORNEY AT LAW 6.2.2 relating to adverse effects upon wildlife habitat , <br /> 6 MAIN STREET <br /> ING'S HIGHWAY waterways , fisheries, rare and endangered species, and so <br /> O.BOX 945 <br /> ABLE,MA O263O forth are relevant . <br /> 1362-9690 <br /> 1 <br />