NewburyportNews.com, Newburyport, MA

Local News

January 26, 2013

Struggle over illegal multi-unit homes

(Continued)

Now before Lawrence Housing Court, the judge told Gaudet to go before Salisbury’s Zoning Board of Appeals to seek a “use variance,” which might bring the building into compliance with zoning, Harrington said. But, again, Gaudet did not prevail.

“The town’s zoning bylaw does not allow ‘use variances,’” Harrington said. “One cannot convert an illegal multi-family dwelling into a legal one via the ZBA.”

Gaudet said his lawyer believes the house should be allowed to remain a two-family because it’s in the Outer Village Residential Overlay District, which allows two-family homes in certain parts of the R-2 zone, where the house is located.

Yet according to Lovering, the lot size doesn’t meet the requirements that would allow it to be a two-family.

After losing at the Zoning Board of Appeals, Lovering said, Gaudet’s case is still awaiting a ruling from the judge in Lawrence Housing Court.

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