The Massachusetts Land Court held that landowners in the Town of Mansfield can add a Montessori School to a 13-acre parcel in a natural resource and scenic residential zone without a specific finding about frontage and access by local zoning officials.
Under Massachusetts General Law c40A §3, zoning ordinances may not prohibit, regulate or restrict the use of land or structures for educational purposes, but such structures may be subject to reasonable regulations related to their size, lot area, setbacks, open space, parking and building coverage.
The lot in question, which already had a single-family home that was built prior to the adoption of zoning controls, had a 50-foot wide access road, but no street frontage. Although the construction of a school is allowed by right in the zone, the lack of frontage made the lot non-conforming under a zoning bylaw, prompting the question of whether a specific finding about frontage would be required to build the school.
According to the court, local zoning authorities can consider the purposes served by frontage requirements when crafting reasonable regulations related to such non-conforming lots, but cannot make frontage an absolute requirement.
The court held that the 50-foot wide access road provides a reasonable amount of frontage, because 50 feet of frontage is considered reasonable for allowed uses in the Town of Mansfield. As a result, the court held that no finding on the frontage issue is required, and that the Montessori School should be allowed as a matter of right.
Ellsworth v. Town of Mansfield, 2011 WL3198174 (Mass. Land Ct.7/25/2011)
