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Friday, March 3, 2017

DOCTRINE OF MERGER DOES NOT ALWAYS APPLY


Paul F. Alphen, Esquire

Take a look at Koinesv. Zoning Bd. of Appeals of Cohasset, 91 Mass. App. Ct. 903 (2017), for a decision within which the language of the local zoning bylaw provided grandfather protection to a non-conforming lot notwithstanding that the lot was held in common ownership with adjoining land at the time that the zoning bylaw increased the minimum lot size requirements. The doctrine of merger did not apply because the Cohasset zoning bylaw contained an exception for lots held in common ownership so long as the lots met certain minimum area requirements. This is yet another example of the importance of paying close attention to the idiosyncrasies of the local zoning bylaw provisions.

PAUL F. ALPHEN, ESQUIRE
ALPHEN & SANTOS, P.C.
200 Littleton Road, Westford, MA 01886
(978) 692-3107 FAX (978) 692-5454

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