Rourke v. Rothman

In this case, we address the interplay of grandfather clauses in local zoning by-laws and the grandfather provision of the Zoning Act, G. L. c. 40A, § 6, fourth par., as appearing in St. 1975, c. 808, § 3, and as amended by St. 1979, c. 106.2 More precisely, we determine whether, because of c. 40A, § 6, *600a lot that was once buildable due to a local by-law exemption from minimum lot size requirements remains buildable, even after the repeal of that local grandfather exemption. We conclude that c. 40A, § 6, protects the right to build on lots that conformed to existing dimensional requirements…