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MA Land Court Interprets Overlapping Zoning Definitions for Hot Tubs and Swimming Pools
This post was authored by Amy Lavine, Esq.
A Massachusetts case decided in August considered the Town of Nantucket’s zoning definitions for “hot tub/spa” and “swimming pool.” Specifically, the zoning code defined a “hot tub/spa” as a structure with less than 150 square feet of surface area and more than two feet of depth, while a “swimming pool” was defined as a structure either with more than 150 square feet of surface area or containing more than 1,000 gallons of water. The definition created a dilemma because of the structure “could at the same time have less than 150 square…