[MassHistPres] Seeing forest or the trees

[Joey Glushko]

I am reviewing a zoning case where the property is part of the historic 
fabric of the town, and it is listed on the town's properties of 
significance.  The structure involved is a small barn/garage first built in 
the 1800's; it was part of a larger property that was split in two in the 
1990's - the residential structure is on the other parcel.  The barn lot and 
structure are legal in every manner of our zoning.
 
The owner of the lot desires to make the barn structure into a small 
residential unit - with much interior work, and little exterior change.  The 
structure, however, is too close to the side lot line to be able to have 
adequate side yard setback for a residential use.  It is the "change of use" 
that makes the structure non-conforming.  This situation does not seem to 
meet guidelines for calling it a pre-existing non-conforming structure.
 
Certainly this kind of situation has arisen when older structures have been 
converted to other more current uses.  But I cannot seem to find any similar 
legal precedents.  I am hopeful the expertise of the listserv can help me 
wade through the discussion which will lead to special permit or variance 
action - and be able to explain it.
 
Thanks for any suggestions/discussion you offer.
 
Joey Glushko, Planner
Planning and Comm. Devel.
Arlington, MA  02476
Phone:  781-316-3093
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