This bylaw shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special permit issued
before the first publication of notice of the public hearing on such
bylaw, or amendments thereto, as provided in MGL c. 40A, § 5.
Such prior, lawfully existing nonconforming uses and structures may
continue, provided that no modification of the use or structure is
accomplished, unless authorized hereunder.
A.
Nonconforming single- and two-family residential structures may be
reconstructed, extended, altered, or structurally changed upon a determination
by the Building Inspector that such proposed reconstruction, extension,
alteration, or change does not increase the nonconforming nature of
said structure. The following circumstances shall not be deemed to
increase the nonconforming nature of said structure:
(1)
Alteration to a structure located on a lot with insufficient area,
which structure as altered will comply with all current setback, lot
coverage, and building height requirements.
(2)
Alteration to a structure located on a lot with insufficient frontage,
which structure as altered will comply with all current setback, lot
coverage, and building height requirements.
(3)
Alteration to a structure which encroaches upon one or more required
yard or setback areas, where the alteration will comply with all current
setback, lot coverage and building height requirements.
B.
In the event that the Building Inspector determines that the nonconforming
nature of such structure would be increased by the proposed reconstruction,
extension, alteration, or change, the Board of Appeals may, by special
permit, allow such reconstruction, extension, alteration, or change
where it determines that the proposed modification will not be substantially
more detrimental than the existing nonconforming structure to the
neighborhood.
The Board of Appeals may award a special permit to reconstruct,
extend, alter, or change a nonconforming structure in accordance with
this section only if it determines that such reconstruction, extension,
alteration, or change shall not be substantially more detrimental
than the existing nonconforming structure to the neighborhood.
Except as provided in § 50-5.1 above, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required setback, shall require the issuance of a variance from the Board of Appeals.
The Board of Appeals may award a special permit to change or
extend a nonconforming use in accordance with this article only if
it determines that such change or extension shall not be substantially
more detrimental than the existing nonconforming use to the neighborhood.
A nonconforming use or structure which has been abandoned, or
not used for a period of two years, shall lose its protected status
and be subject to all of the provisions of this bylaw.
A nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
A.
Reconstruction of said premises shall commence within two years after
such catastrophe or demolition.
B.
Building(s) as reconstructed shall be located on the same footprint
as the original nonconforming structure, shall be only as great in
volume or area as the original nonconforming structure.
C.
In the event that the proposed reconstruction would 1) cause the
structure to exceed the volume or area of the original nonconforming
structure; 2) exceed applicable requirements for yards, setback, and/or
height; or 3) cause the structure to be located other than on the
original footprint, a special permit shall be required from the Board
of Appeals prior to such demolition.
No nonconforming use shall, if changed to a conforming use,
revert to a nonconforming use.
