If you are planning to construct a new home on your recently purchased property, a Massachusetts real estate attorney can guide you through the legal process. Typically, new residential construction is subject to local zoning laws, illustrated in a September 16, 2019 case.
The plaintiffs in the case had reportedly applied for a building permit in 2008 to construct a single-family residence on their land. The town building commissioner denied that permit and, after exhausting their appeals with the local zoning board and Massachusetts Land Court, the plaintiffs revised their plans. In 2018, they reapplied for a permit using the revised plans. When the 2018 permit was denied for a second time, the plaintiffs once again sought review of the decision in the Land Court.
Under the local zoning bylaws, a building or structure in a residential district must be at least 60 feet from the street. There is an exception, however, if there is a principal building within 500 feet of, and on each side, of the proposed building. In such cases, the proposed building may extend as far as the neighboring buildings.