The following cases involve grandfather provisions in the context of land use law and disability:
Grandfather Provisions
Rourke v. Rothman, 448 Mass. 190 (2007).
Tags
- ZBA
- Zoning Ordinance
- Grandfather Provision
Story
Defendant, Stuart Rothman, owned land in New Orleans (town). Rothman wanted to build a single-family residence on the land, but the permit was denied by the town building commissioner since the lot didn’t have the minimum area and frontage required by the zoning laws. Prior to the new zoning change at issue, the lot had 5,000 square feet with fifty feet of frontage, wasn’t held in common ownership with adjoining land, and at the time conformed to existing zoning requirements. When the town amended its bylaws in May 1970 it allowed building only on lots that were 20,000 square feet with 120 feet of frontage or lots that were at least 5,000 square feet and were separately owned in 1954. Rothman appealed to the town’s Zoning Board of Appeals (ZBA).
Holding/Reasoning
The court concluded that the property conformed to the existing requirements as of March 1970 when the zoning ordinance was changed and the ZBA of the town was correct to determine that the plot was buildable under the town’s zoning bylaw because the plot was buildable under the “grandfather” provision.