Real Estate Law

Change in use is a change in use is a change in use

The Land Court has determined that, even though a use has not changed its classification under the town's bylaw, any change triggers the necessity for review. 

The property changed from potato chip factory to a vacant building to a plumbing supply to woodworking shop.  Even though the vacancy was not long enough to be considered an abandonment of the prior use, "each time the underlying activity in the building changed, despite retaining the 'industrial' moniker, it was subject to at least review by the Planning Board or special permit granting authority."

The Court also found that even though "the Building Inspector's response [to the plaintiff's enforcement request did] not explicitly and unequivocally deny [his] Request," referring the matter to the planning board "was sufficiently definitive to constitute an 'order or decision,' tantamount to a refusal to enforce the Bylaw."

The case is Pepin v. Belrose, 2007 WL 1783871(Mass.Land Ct. Jun 21, 2007) (NO. 06 MISC. 328868 KFS) and the full text can be found HERE.

From Meltzer BLawG Offices posted 2007-06-27.