Property Law Keyed to Singer
Commons v. Westwood Zoning Board of Adjustment
A vacant lot is the only undeveloped property in a residential neighborhood, which consists of one and two family dwellings. Gordon and Helen Commons (Plaintiffs) are the owners. A builder contracted to buy the lot on the condition that he could construct a one-family residence on the lot. A variance from the town’s zoning ordinance was necessary because the lot was undersized. The board of adjustment denied the variance because they found the application failed to demonstrate any evidence to establish hardship and that the granting of the variance would substantially impair the intent and purpose of the zoning plan of the town.
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