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Acton staff propose easing 15% nonconforming-lot cap; boards favor square-foot and footprint exceptions
Summary
Planning staff proposed raising the by-right increase for nonconforming lots (from 15% to 40'—5% or a square-foot cap), adding footprint/vertical exemptions and creating a special permit path for commercial structures; the Select Board and Planning Board expressed broad support for a square-foot standard and allowing vertical expansions within an existing footprint while retaining public notification for larger changes.
Planning Division staff summarized a data-driven review of Acton's 15% rule for additions to nonconforming lots, telling the Select Board on Dec. 1 that about one-third of residential lots in Acton are technically nonconforming. "Since the inception of the 15% rule in 2012, the ZBA has seen 56 applications; 53 were full approvals," staff reported, noting a roughly 98% approval rate for the applications that reached the Board of Zoning Appeals and a median granted increase near 38% (about 1,100 square feet).
Staff presented…
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