Legal Question in Real Estate Law in Massachusetts
Town ignoring Zoning Map
I have a neighbor who wants to install
a concrete plant. I hired a surveyor to
verify the zoning of his property. The
surveyor found that his property has
only 21,000 sq. ft. in the Industrial
Zone and the Code requires 40,000
sq. ft. for Industrial use. The rest is
Residential. However, The Zoning
Enforcement Officer says that his
property is Industrial, saying that it
was the intent of the voters to make
this property Industrial when they
approved the Zoning Map 36 yrs ago. I
have spoken with two attorneys and
both say I need to go to court, it will
be very expensive, and I probably
won't prevail. What can I do? It seems
the Town is ignoring its Zoning Map. I
might add that the Industrial Zone
boundary would have to be moved 383
ft. (more than the length of a football
field) to make this property completely
Industrial - not a small amount.
4 Answers from Attorneys
Re: Town ignoring Zoning Map
You may still seek additional legal advice. Not all legal experts agree on every set of facts.
Re: Town ignoring Zoning Map
Consult an attorney who specializes in zoning and follow their advice.
Re: Town ignoring Zoning Map
The advice you have been given is correct in one sense going to court will be expensive.
However, the likelihood of success will depend on more facts than you have presented here. I would be happy to meet with you to discuss the matter without charge or obligation.
One of my partners specializes in stopping developments and I handle zoning issues as a regular part of my practice.
Re: Town ignoring Zoning Map
You should consult with another attorney, and yes, you probably would end up in court. If the Building Inspector issues a building permit, you have to formally appeal the issuance - usually to the ZBA, and there are strict time limits and procedures, which can prove fatal, if you fail to follow them. If the ZBA upholds the building inspector, you have to appeal again, either to Land Court or Superior Court - again very strict time limits and procedures.
I'm pretty sure he can't use any part of the residentially zoned property for any commercial purpose, but if he keeps everything within that 21000 SF, he might be OK. Really, more facts and research are needed.
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