The provisions of this section apply to nonconforming
uses, structures and lots so created by the initial enactment of this
chapter or by any subsequent amendment.
A.
As provided in MGL c. 40A, § 6, a nonconforming
single- or two-family dwelling may be altered or extended, provided
that the Inspector of Buildings determines that doing so does not
increase the nonconforming nature of said structure.
B.
Other pre-existing nonconforming structures or uses
may be changed, extended or altered on special permit from the Board
of Appeals, if the Board of Appeals finds that such change, extension
or alteration will not be substantially more detrimental to the neighborhood
than the existing nonconforming use.
C.
Once changed to a conforming use, no structure or
land shall be permitted to revert to a nonconforming use.
A.
One single-family dwelling may be erected on any lot,
regardless of a common ownership with that of adjoining land located
in the same residential district which, as of May 7, 1973, contained
at least 15,000 square feet and had a minimum frontage of 100 feet
and complied with the rules and regulations of the Planning Board,
if any, in effect at the time of endorsement and provided, further,
that the proposed structure is to be located on such lot so as to
conform to the minimum requirements of front, rear and side yard setbacks
and to all other requirements for such structures in effect at the
time of plan endorsement; provided, however, if there are no applicable
setbacks, the front yard setback shall be 30 feet and the side and
rear yards setbacks shall be 20 feet.
[Amended 5-2-2005 ATM, Art. 26]
B.
Certain lots are exempted from current dimensional
requirements by MGL c. 40A, § 6. In addition, any increase in
lot area, width, depth, yard or frontage requirements shall not apply
to erection, extension or alteration or moving of a structure on a
lot not meeting current dimensional requirements, provided that, as
of June 25, 1978, such lot was a legal building lot and had lot area
of at least 5,000 square feet and street frontage of at least 50 feet.
Any structure proposed to be to be located on such lot shall conform
to the setback requirements in effect at the time of the recording
or endorsement of the deed or plan creating the lot; provided, however,
that if there are no applicable setbacks, the front yard setback shall
be 20 feet and the side and rear yards setbacks shall be 10 feet.
[Amended 5-2-2005 ATM, Art. 26]
C.
Certain lots are exempted from current dimensional
requirements by MGL c. 40A, § 6.
[Added 9-22-1986 STM, Art. 34]
(1)
In addition, one single-family dwelling may be erected
on any lot, regardless of common ownership with that of adjoining
land, provided that such lot is:
(a)
Shown on a plan approved and endorsed in accordance
with the Subdivision Control Law and the roads shown on such plan
have been installed according to Planning Board requirements as set
forth at the time of approval of such plan and a release from covenant
or other security has been obtained; or
(b)
Shown on a plan endorsed "Approval Under the
Subdivision Control Law Not Required" and the lot complied with all
the applicable provisions of the Zoning Bylaw in effect at the time
of endorsement of such plan.
(2)
In either case, the lot must have been created after
June 25, 1978, and must be buildable under other applicable nonzoning
provisions of the law, and any structure to be located on such lot
must conform to the setback requirements in effect at the time of
plan endorsement.
D.
Preexisting lots of record lacking street frontage.
[Added 10-17-1988 STM, Art. 23]
(1)
Certain lots of record existed before the effective
date of this subsection and now lack any frontage as that term is
defined in this chapter. When a lot possesses no frontage, as defined,
one single-family dwelling may be constructed on the lot:
(a)
If it is determined that the lot satisfies the
other requirements of this chapter.
(b)
If the lot possesses at least five acres of
area.
(c)
If the Planning Board determines that physical
access to the lot is reasonably guaranteed, that physical access is
suitable for the needs of vehicular traffic likely to be generated
by the proposed residential use and that physical access is adequate
for the installation of all Town or municipal services likely to be
needed for the reasonable use of the lot.
[Amended 11-13-2006 FYTM, Art. 28]
(d)
If the Planning Board issues a special permit
which will authorize construction on the lot despite its lack of cognizable
frontage.
(2)
Before the Planning Board can act favorably on an
application for a special permit under this subsection:
(a)
The Fire Chief must certify to the Planning
Board that, in his opinion, the way providing access to the lot is
physically adequate throughout the year for use by fire apparatus,
ambulances and rescue vehicles.
[Amended 11-13-2006 FYTM, Art. 28]
(b)
The Police Chief must certify to the Planning
Board that, in his opinion, the way providing access to the lot is
physically adequate throughout the year for use by police vehicles
and inspection vehicles.
[Amended 11-13-2006 FYTM, Art. 28]
(c)
The Superintendent of the Department of Public
Works must certify to the Planning Board that, in his opinion, the
way providing access to the lot is safe and physically adequate for
its present and proposed use and is unlikely to deteriorate significantly
for at least five years.
[Amended 11-13-2006 FYTM, Art. 28]
(d)
The Inspector of Buildings must certify to the
Planning Board that, in his opinion, the lot satisfies the other requirements
of the Town of Brewster Zoning Bylaw.
(e)
The Board of Water Commissioners must certify
to the Planning Board that the proposed use of the lot, in combination
with uses already existing or ongoing, will not likely impact adversely
upon the water supply or the quality of the groundwater supply of
the Town, and, before making this determination, the Commissioners
may require the applicant to prepare and present all necessary groundwater
studies.
(f)
The applicant must present to the Planning Board
a statement of his or her plans and ability to ensure, free of charge
to the Town, the provision of all needed municipal or Town services
for the lot and the maintenance of the way providing access to the
lot so that the way will not over time significantly deteriorate from
its present condition or become impassable because of flooding or
snowfall.
(3)
Before the Planning Board grants a special permit,
it shall require the applicant and the owner of record to execute
and record a covenant running with the land covered by the special
permit which shall ensure the proper and continuing maintenance of
municipal services and the proper and continuing maintenance of the
way in order to provide adequate physical access for the applicant
and for the Town vehicles throughout the year. This covenant shall
be executed in such a form that it may be specifically enforced. This
covenant shall also provide that, in the event that the recipient
of the special permit fails to maintain the way and the Town, in order
to maintain access and municipal services, expends labor and materials
to maintain the way, the Town shall be fully reimbursed for all labor
and material costs incurred and for any legal costs incurred either
in enforcing the covenant, maintaining the way or maintaining municipal
services. Until these costs and expenses are paid, they shall constitute
a lien upon the property.
[Amended 11-13-2006 FYTM, Art. 28]
(4)
The Planning Board shall decide each special permit
application upon its individual merits, and the Board's decision for
any application shall not prejudice its independent judgment on any
subsequent application, despite the proximity of the lots. As a condition
for its approval, the Planning Board may impose such conditions, safeguards
and limitations as it deems necessary and proper to ensure the safety,
convenience and welfare of the inhabitants of the Town, and the Board
may require the execution and recording of a covenant which shall
run with the land.
A.
Nonconforming lots with no structures located thereon may be changed in size or shape without losing exemptions of § 179-26, so long as the change does not increase the actual or potential number of building lots.
B.
Nonconforming lots with conforming or nonconforming structures located thereon may be changed in shape by right without losing exemptions of §§ 179-25, 179-26, and 179-28 through 179-32, inclusive, so long as the change does not increase the actual or potential number of building lots and does not increase the setback nonconformance of any structure.
[Added 5-7-2012 ATM, Art. 27[1]]
[1]
Editor's Note: This article also redesignated former Subsection
B as Subsection D.
D.
Any off-street parking or loading spaces, if already
equal to or less than the number required to serve their intended
use, shall not be further reduced in number.
A.
Any nonconforming use of a structure may be changed to another nonconforming use, provided that the changed use is not a substantially different use, except as provided in Subsection B below, and approval for the change is granted by a special use permit for an exception by the Board of Appeals. For purposes of this section, a "substantially different use" is a use which, by reason of its normal operation, would cause readily observable difference in patronage, service, sight, noise, employment or similar characteristics from the existing nonconforming use or from any permitted use in the district under question.
B.
Any nonconforming use, which has been once changed
to a permitted use, or another nonconforming use, which is not a substantially
different use, shall not again be changed to another nonconforming
use.
Any nonconforming structure, totally destroyed
by fire or other cause, may be rebuilt within one year but shall not
be rebuilt to be nonconforming to a greater degree than the original.
Any nonconforming use of a structure or lot
which has been abandoned or not used for a continuous period of two
years or more shall not be used again, except for a conforming use.
Any nonconforming structure shall not be moved
to any other location on the lot, or any other lot, unless every portion
of such structure, the use thereof and the lot shall be conforming.
Any structure determined to be unsafe may be
restored to a safe condition. Such work on any nonconforming structure
shall not place it in greater nonconformity. If the cost to restore
any structure shall exceed 50% of its physical replacement value,
it shall be reconstructed only as a conforming structure and used
only for a conforming use.
