These bylaws 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
required by MGL c. 40A, § 5, at, which these bylaws, or
any relevant part hereof, were adopted. Such prior, lawfully existing
nonconforming uses and structures may continue, provided that no modification
of the use or structure is accomplished, unless authorized hereunder.
The Board of Appeals may grant a special permit to change a
nonconforming use in accordance with this Section 5.0 only if there
is a finding that such change or extension shall not be substantially
more detrimental than the existing nonconforming use to the neighborhood.
The following types of changes to nonconforming uses may be considered
by the Board of Appeals:
[Amended 5-13-2013 ATM
by Art. 27]
The reconstruction, alteration or extension of, or the structural
change to, any nonconforming structure that is not a single- or two-family
residential structure may be authorized by the Board of Appeals in
accordance with the following:
5.3.1.
A special permit is required for the reconstruction, extension,
alteration or structural change of or to a nonconforming structure
that does not increase an existing nonconformity or that does not
create a new nonconformity; or
5.3.2.
A special permit is required for the reconstruction, extension,
alteration or structural change of or to a nonconforming structure
that results in the nonconforming structure being used for a substantially
different purpose or use than is permitted under these bylaws, or
that results in the nonconforming structure being used for the same
purpose or use in a substantially different manner or to a substantially
greater extent, provided that such reconstruction, extension, alteration
or structural change does not increase an existing nonconformity or
does not create a new nonconformity; or
5.3.3.
A special permit is required for the extension of an exterior
wall of a nonconforming structure at or along the same nonconforming
distance to the front, side or rear line within a required yard (any
such extension not being deemed to constitute an increase in the existing
nonconformity or the creation of a new nonconformity for purposes
of these bylaws).
5.3.4.
A variance is required in the event that the reconstruction,
extension, alteration or structural change of or to a nonconforming
structure increases an existing nonconformity or creates a new nonconformity.
Notwithstanding the foregoing, the extension of an exterior wall of
a nonconforming structure at or along the same nonconforming distance
to the front, side or rear line within a required yard shall not be
deemed to constitute an increase in an existing nonconformity or the
creation of a new nonconformity for purposes of these bylaws, and
shall not require the issuance of a variance.
5.3.5.
A special permit may be granted by the Board of Appeals pursuant
to Section 5.3.1, Section 5.3.2 or Section 5.3.3 only if there is
a finding by the Board of Appeals that the reconstruction, extension,
alteration or change shall not be substantially more detrimental to
the neighborhood in which such structure is located than the existing
nonconforming structure. A variance may be granted by the Board of
Appeals pursuant to Section 5.3.4 only in accordance with the requirements
of Section 10.2.2.3.
[Amended 5-13-2019 ATM
by Art. 18]
[Amended 5-12-2014 ATM
by Art. 34]
Nonconforming single- and two-family residential structures
may be reconstructed, extended or altered as of right upon a determination
by the Building Commissioner that such reconstruction, extension or
alteration does not increase the nonconforming nature of the structure,
and does not increase the habitable floor area of the structure by
more than 25%.
5.4.1.
No increase in nonconforming nature. The reconstruction, extension
or alteration of a structure that is described in each of the following
circumstances shall not be deemed to increase the nonconforming nature
of a structure:
1.
Insufficient
areas: reconstruction, extension or alteration of a structure that
is located on a lot with insufficient lot area, but that complies
with all current dimensional requirements for front, side and rear
yards, building coverage, and building height.
2.
Insufficient
frontage: reconstruction, extension or alteration of a structure that
is located on a lot with insufficient frontage, but that complies
with all current dimensional requirements for front, side and rear
yards, building coverage, and building height.
3.
Yard
encroachment: reconstruction, extension or alteration of a structure
that does not further encroach upon one or more nonconforming front,
side or rear yards, but that complies with current dimensional requirements
for building coverage and building height.
5.4.2.
Increase in nonconforming nature or increase in habitable floor
area by 25% or more. In the event that the Building Commissioner determines
that the reconstruction, extension or alteration increases the nonconforming
nature of the structure, or in the event that such reconstruction,
extension or alteration increases the habitable floor area of the
structure by 25% percent or more, a special permit granted by the
Board of Appeals shall be required to allow such reconstruction, extension
or alteration. A special permit may be granted by the Board of Appeals
only if there is a finding by the Board of Appeals that the reconstruction,
extension or alteration shall not be substantially more detrimental
to the neighborhood in which the structure is located than the existing
nonconforming structure.
Any nonconforming use or structure that has been abandoned or
not used for a period of 24 months shall lose its protected status
and be subject to all of the provisions of these bylaws; provided,
however, that such use or structure may be restored to its protected
status by special permit from the Board of Appeals.
Any nonconforming structure may be reconstructed after a catastrophe
or after demolition in accordance with the following provisions:
5.6.1.
Two years. Reconstruction of said premises shall commence within
24 months after such catastrophe or demolition.
5.6.2.
As of right. Buildings as reconstructed shall be located on
the same footprint as the original nonconforming structure, and shall
be only as great in gross floor area as the original nonconforming
structure.
5.6.3.
By special permit. In the event that the proposed reconstruction
would (a) cause the structure to exceed the gross floor area of the
original nonconforming structure, or (b) 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, if changed to a conforming use, shall
revert to a nonconforming use.
