ZONING COMPLIANCE - NON-CONFORMING LOT

USE OF PROPERTY IN ADJOINING MUNICIPALITY

Where a town's zoning by-law was silent on the topic of whether the portion of the property that was situated in a neighboring town could be used for calculating conformance with lot size requirements, the court in Boulter Brothers Construction Company, Inc. v. Zoning Board of Appeals of Norfolk, 45 Mass.App. Ct. 283, 697 N.E.2d 997 (1998) held that the portion of the property in the adjoining municipality could be used to meet dimensional requirements. The court focused on the passive use of this portion of the property and that both zoning districts permitted the proposed single family residential use.  However, the court distinguished the case from a municipality's right to carry out its zoning policies with respect to actual, active uses made of land within its borders. See Brookline v. Co-Ray Realty Co., 326 Mass. 206 (1950) (Brookline portion of split lot to be used for active purpose of service entrance for apartment building on Boston portion of lot violative of Brookline by-laws proscribing such use may not be included in dimensional computation).