Legal Question in Real Estate Law in Massachusetts

Definitions in Zoning Bylaws
We are having a dispute with our local Town Planner. Our zoning bylaws make reference to only two types of roads: major and minor. There are no other types of roads mentioned. Our bylaws define with great specificity what constitutes a major road. It has always been assumed (since 1947) that anything that was not a major road was a minor road. Our new town planner disagrees with this and claims that our bylaws must define a minor road, and since they don't, he then has to look elsewhere to define a minor road. The bottom line is that he has redefined the road I live on as not being a minor road and told a developer he has a right to put a large condominium project on property located there (it's zoned Suburban IV). Our bylaws state that a multi-family housing project cannot access a major road via a minor road. We believe that precludes the project from going in without a variance from the board of appeals, but the planner is insisting that condominiums can go there as of right. Do our bylaws have to define ''minor road'' when a major road is quite specifically defined and there are no other types of roads mentioned? Thank you.

Asked on 6/14/04, 10:42 am

Eleanor Rich Rich Law Offices

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Re: Definitions in Zoning Bylaws

You will need to contact a lawyer with expertise in zoning law.

Answered on 6/14/04, 1:10 pm

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