05/04/2026 Annual Town Meeting (2)

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the structure complies with all other dimensional requirements except minimum lot size, do not increase the non-conforming nature of the structure and may be done as of right subject to all other provisions of the Zoning By-Laws. Examples of minor alterations include the addition of a dormer, the addition of or enclosure of a porch or sunroom, the addition of a one story garage for up to two cars or the conversion of a one car garage to a two-car garage, the addition of small-scale, proportional storage structures like a shed, and a minor increase in height. C. Changes, extensions or alterations of nonconforming single- or two-family dwelling structures which do not meet the applicable dimensional requirements as set forth above, such that they increase a lawfully preexisting non-conformity without creating a new non-conformity, as well as changes, extensions or alterations of all other nonconforming structures, or nonconforming uses, may not be made unless there is a written finding pursuant to M.G.L. Ch. 40A §6 by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental to the neighborhood 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 all per Subsection D below. D. Although said finding shall not constitute a Special Permit as defined by the general laws and this Bylaw, 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. E. The creation of a new non-conformity whether by way of a change, extension, or alteration to a non-conforming single- or two-family dwelling or otherwise shall require a variance unless otherwise exempt under the Zoning By-Laws. For example, a pre-existing non-conforming hotel that does not meet current setback requirements and is seeking to extend the structure in such a way as to expand beyond current lot coverage requirements must seek a variance. History: Amended 10-4-1993 ATM, Article 24, approved by Attorney General 10- 18-1993 History: Amended 10-17-2005 ATM, Article 22, approved by Attorney General 3- 7-2006 §174-17.1 Raze and Replace History: Added 10-15-2018 ATM, Article 16, approved by Attorney General 1-9- 2019 A. No pre-existing, non-conforming single- or two-family dwelling structures shall be torn down and rebuilt on any lot in such a way as to increase any non-conformity unless there is an issuance of a Special Permit from the Zoning Board of Appeals. For the purposes of this subsection, increasing the structure size on a non- conforming lot, even if the new structure meets the current setback requirements, shall constitute an increase in a non-conformity and require a Special Permit. B. A Special Permit under this Section 174-17.1 may be granted only if the Zoning Board of Appeals finds that any changes, extensions, alterations or reconstruction of the pre-existing non-conformities are not substantially more detrimental to the neighborhood than exists prior to removal of the existing structure and that there is adequate land area to provide sufficient parking.