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PATENAUDE v. ZONING BOARD OF APPEALS OF DRACUT

No. 12-P-215.

82 Mass. App. Ct. 914 (2012)

RICHARD W. PATENAUDE v. ZONING BOARD OF APPEALS OF DRACUT.

Appeals Court of Massachusetts.

November 28, 2012.

Attorney(s) appearing for the Case

Mark Bobrowski for the plaintiff.

James P. Hall & Raymond T. Weicker for the defendant.

RESCRIPT OPINION

In 1974, the plaintiff's brother and sister-in-law conveyed a parcel of land to him (lot), by dividing it from a larger tract.1 Though the lot conveyed to the plaintiff met the then applicable dimensional requirements, the division left the remaining tract below the required lot size. Consequently, the plaintiff's lot was not in compliance with applicable zoning requirements by virtue of the doctrine of "infectious invalidity...

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