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SELTZER v. BOARD OF APPEALS OF ORLEANS

24 Mass. App. Ct. 521 (1987)

510 N.E.2d 309

WAYNE J. SELTZER & others vs. BOARD OF APPEALS OF ORLEANS & another.

Appeals Court of Massachusetts, Barnstable.

July 22, 1987.

Attorney(s) appearing for the Case

Richard C. Anderson for Wayne J. Seltzer.

William F. Riley for Bertram M. Kantor & another.

Lawrence O. Spaulding, Jr., for Anna F. Greer.

Michael D. Ford, Town Counsel, for Board of Appeals of Orleans.

Present: ARMSTRONG, BROWN, & FINE, JJ.

ARMSTRONG, J.

The Orleans zoning by-law contains provisions that insulate adjoining, buildable lots in common ownership from increases that have taken place over the years in the land area required to qualify for a building permit. The applicable provision in this case, § 4:3-1-2, provides:

"One single-family dwelling may be erected on any lot, regardless of a common ownership with that of adjoining

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