To 154NH773 a question for you

[Pinewood]

I read how you fought to have someone's "shed" removed.

I was wondering the size of it as my neighbor built an oversized shed, also, which one building inspector stated was legal (the one for our part of town). When my husband was their office, another building inspector walked by them and asked who was buiding the garage. Everyone who sees it considers it a garage (it even has a one car garage door on it).

This "shed" is 12 x 18? with a 3/4 area walk up attic in it (picture pull down stairs). It also blocks part of our water views and is very unsightly to look at.

I tried to send you this in private message but you do not have them enabled.

 

[nextwife]

I read how you fought to have someone's "shed" removed.

I was wondering the size of it as my neighbor built an oversized shed, also, which one building inspector stated was legal (the one for our part of town). When my husband was their office, another building inspector walked by them and asked who was buiding the garage. Everyone who sees it considers it a garage (it even has a one car garage door on it).

This "shed" is 12 x 18? with a 3/4 area walk up attic in it (picture pull down stairs). It also blocks part of our water views and is very unsightly to look at.

I tried to send you this in private message but you do not have them enabled.

The right to such a building really depends upon YOUR E&Rs, local set backs, regs on outbuildings, and whether what they have constructed is in violation. You need to research all applicable title restrictions and local codes to determine what is allowed. IF there is a violation your recourse depends upon what type of violation it is.

 

[Pinewood]

The zoning regulations for a shed are five feet from the lot line.



ACCESSORY BUILDING -- A subordinate building, the use of which is
customarily incidental to that of a principal building and the principal use of the lot.

STORY -- That part of a building between any floor and the floor or roof
next above, except that a space used exclusively for the housing or mechanical services
of the building shall not be considered to be a "story" if access to such space may be had
only for maintenance of such services.

A one-story building of accessory use may be built no closer than five feet from a side lot line and/or the rear lot line.

Those are the definitions from the zoning laws.

I think a shed should not have an attic, and I do not think this should have been allowed to be built without a variance.

I was just curious to the size of the shed 154NH773 was talking about.

 

[Zigner]

Just to be proper:

THIS FORUM IS FOR QUESTIONS ABOUT U.S. LAW ONLY
When posting a question, you must include the name of your state!

 

[Pinewood]

Oh, sorry, I am from Massachusetts.

 

[154NH773]

Sorry, just happened to come across this question to me.
The shed in my situation had many things wrong with it making it illegal. The size was an issue only because it was allowed to be 5' higher than the original shed in that location. Since the shed was replacing one that was a nonconforming use, it could not be increased in 3 dimensional size, according to the law. The way I was able to get rid of it was that the original shed was not replaced within one year of its destruction, and it had lost its nonconforming status.
Your problem is with the definition of "story". A 3/4 loft is probably not considered a 2nd "story".
You will have to research your zoning ordinance and see if the shed meets all the requirements. The use of the shed cannot be illegal either, so determine how it is being used.
If all that fails, you may be able to get a tax reduction if, as my town does, views are taxed at a higher rate. I went to the tax assesors with a letter from a licensed appraiser stating that my property was adversly affected by the shed. I'm now suing the Town for taking that value from me while the shed stood for 3 years during the litigation.