Lubinsky v. Fair Haven Zoning Board

In Lubinsky v. Fair Haven Zoning Board, 148 Vt. 47, 50, 527 A.2d 227, 228 (1986), the property owners were seeking to convert a house into a two family dwelling on a lot that did not meet the town's minimum size requirement. The Court held that although the lot fell within the statutory definition of an existing small lot under 4406(1), that statute could not be interpreted to allow for unlimited development of a small lot. Id. at 50-51, 527 A.2d at 228-29. Rather, the Court held that the statute was a "limited grandfather clause allowing for limited development . . . that is not seen as unduly disruptive of the desired ends of zoning." Id. at 51, 527 A.2d at 229.