The 81L exemption is an oddity in the Massachusetts Subdivision Control Law. MGL Ch 41 Section 81L contains definitions including a number of definitions on what is not a subdivision. These are typically referred to as Divisions.
The 81L exemption is the division of a tract of land upon which two or more structures predate the subdivision control law. (Date of adoption in a municipality or Jan 1, 1954). You can Divide a lot that does not comply with zoning into smaller lots that do not comply with zoning.
For years it was fine; zoning be damned. Divide, get a 40a section 6 special permit (minor variance) and change / alter / extend the single or two family dwelling on a lot divided.
Enter some court cases to define Structure as Substantial Structure. An appellate level case requiring ZBA approval (variance) for the creation of new non-conformities. And now the Exemption is dead: a series of Supreme Judicial Court cases with one issued last month result in a variance for the unlawfully non-conforming property to be changed altered or extended. Palitz v. ZBA of Tisbury. See also Smalley v. ZBA of Harwich, Branagan v. Falmouth, Rockwood v. Snow Inn Corp, Kenner v. ZBA of Chatham and Deadrick v. ZBA of Chatham.
Thadd,
I am unsure what you're trying to say in this post, and I live here! Are you implying that the existing structure exemption is no longer valid without proof of "substantial" Structure?
Dtp
PS Answer your email!
The Palitz case is basically Smalley but at the SJC level and not just the Appellate level.
You folks in Massachusetts sure have some different (I was going to say strange) laws and regulations regarding land (surveys and delineation). I'm glad that people like Don and you can keep up with all the intricacies.
Andy
They are the oldest laws in the Country.
We also have a propensity for providing everyone a fair opportunity to speak. The powers that be have been working diligently for well over a decade to revise the statutes.
The draft was hated by both the development and anti-development communities, which means it is probably a good set of laws. You cannot make everybody happy, so the goal should be to make nobody happy.