Aldrich v. Bd. of Appeals of Nahant

In Aldrich v. Bd. of Appeals of Nahant, 6 LCR 3 (1998), the issue before this court was whether a certain locus in the town of Nahant was protected by the grandfather provisions of G.L. c. 40A, 6. Central to the court's inquiry was whether the locus was vacant land in 1952 when the minimum lot size was increased, thus rendering the locus nonconforming. The court (Kilborn, C.J.), found that while a garage existed on the locus at one time, by 1945 the majority of the garage had been removed from the tax rolls and demolished, leaving only an eight foot by ten foot portion of wall and part of a concrete floor. The court, therefore, concluded that the "locus was vacant when it became non-conforming as to lot size and that thereafter it had the protection of the first sentence of the fourth paragraph of G.L. c 40A, 6." Aldrich, 6 LCR at 4.