Marino v. Zoning Board of Appeals

The defendant Watertown zoning board of appeals (board) appeals from the judgment of the trial court reversing its decision. That decision affirmed a ruling of the assistant zoning enforcement officer denying the plaintiffs’ application for a certificate of zoning compliance to establish the validity of certain nonconforming lots as approved building lots. The dis-positive issue is whether the trial court improperly substituted its judgment for that of the local zoning authority in finding that the lots had not merged.1 We reverse the trial court’s judgment.

Certain facts are not in dispute.…