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Home / Opinion Digests / Real Property / Real Property – Zoning – Municipal – Amended Height Restriction – Prior Setback Approval  (access required)

Real Property – Zoning – Municipal – Amended Height Restriction – Prior Setback Approval  (access required)

Before the building height restriction in their neighborhood was lowered from 75 feet to 45 feet, the appellant-landowners sought and received setback and buffer variances. At that time, appellants submitted neither a 1”=30’ scaled site plan nor a written narrative explaining in detail the variances requested, as required by the respondent-town’s land management ordinance (LMO). ...

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