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<br />February 25, 20081 Volume 21 No.4 <br /> <br />~. <br />-) The court also rejected Lamar's argument that Section 307.14's <br />provision that billboards may be permitted as a conditional use <br />when approved applied only to new billboard structures. The court <br />found nothing in the language of the ordinance suggesting it tar- <br />geted only new billboards.. <br />In conclusion, the court found Lamar's proposed change to its <br />billboards from conventional signage to LED displays constituted <br />an alteration of a structure, which required a zoning permit along <br />with a site plan and conditional use approval in accordance with <br />the zoning ordinance. <br /> <br />Case Note: Lamar also filed an action asking the court to or- <br />der Monroeville to issue it a sign permit for one billboard ap- <br />plication on which Monroeville failed to take action for more <br />than 132 days. In light of the lack of action, Lamar asserted <br />that under Pennsylvania law its sign permit application was <br />"deemed approved." After looking at the relevant statutory <br />law, the court found that "deemed approval" for inaction was <br />- only available for applications for the construction of residen- <br />i ~ -) tial buildings and not for other types of construction permits. <br /> <br />Nonconforming use-Reconstruction-Owners appeal <br />finding that proposed reconstruction of conforming <br />structure on nonconforming lot required special permit <br />procedures <br /> <br />Citation: Bjorklund v. Zoning Bd. of Appeals of Norwell, 450 <br />Mass. 357, 878 N.E.2d 915 (2008) <br /> <br />The Bjorklunds (the Owners) owned property (the Property) in <br />Norwell, Massachusetts. The Property was 34,507.6 square feet <br />(.792 acres). A single family house and shed were on the Property. <br />The house had 675 square feet of living space. The house was 30 <br />feet long (frontage) and was set back approximately 35 feet from the <br />front property line. The house predated the town's zoning bylaw. <br />The town's zoning bylaw required a minimum lot area of 43,560 <br />square feet (1 acre). The bylaw also required a front setback of 50 feet. <br />The Owners proposed to tear down the existing house and shed. <br />. They planned to build a new house (the "Reconstruction"). The <br />_j) new house would be 3600 square feet of living space. The foot- <br />print of the house would be approximately 1920 square feet and <br />be 68 feet long (frontage). It would have a front setback of 37 feet. <br /> <br />9 <br /> <br />161 <br />