[MassHistPres] Seeing forest or the trees

[Dennis De Witt]

Brookline has a zoning bylaw provision that semi-addresses this issue.  It allows conversions of structures that creating non-conforming situations for the purpose of preservation.  Locally, it is commonly referred to as the "Carriage house" provision, for obvious reasons.

It's not a perfect match for your case because typically it involves a second structure on a property.  I can't off hand cite the applicable section number of the bylaw 

The Brookline Preservation Commission also published a book on carriage houses and early garages in part to provide a better understanding in the community of the value of such structures.

Dennis De Witt


On Mar 2, 2010, at 9:13 AM, Joey Glushko wrote:

> 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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