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Zoning (3)

Appeals Court Takes The Mystery Ouf Of Altering One - and Two-Family Preexisting Nonconforming Residences: No More "Grandfathering"

Written by
/ Published Wednesday, 12 August 2020 12:21
The decision of the Appeals Court in Henry W. Comstock, Jr., Trustee and another v. Zoning Board of Appeals of Gloucester and others, authored by Justice James Milkey, illustrates the strong protections afforded by G.L. c. 40 A, section 6 to owners of single- or two-family preexisting nonconforming residences who want to renovate their residences. They are protected by significant obstacles to neighbor opponents of such projects on account of minor issues.

Appeals Court Holds a Land Court Settlement Agreement Doesn’t Bind a Non-Party, Distinguishing Morganelli

Written by
/ Published Friday, 26 June 2020 12:13
In a clear, well-reasoned opinion deciding the case of Stevens, Trustee v. Zoning Board of Appeals of Bourne, No. 19-P-248 (June 19, 2020), the Appeals Court (Green, C.J.) held that a settlement agreement between the Town’s selectmen and a property owner resolving a Land Court action did not bind an abutter who was not party to the litigation.

Tiny Houses Face Zoning and Other Obstacles in Massachusetts

Written by
/ Published Friday, 09 February 2018 16:23
Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.

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