Patenaude v. Zoning Board of Appeals of Dracut

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.” See Alley v. Building Inspector of Dan-vers, 354 Mass. 6, 7-8 (1968); 81 Spooner Road, LLC v. Zoning Bd. of Appeals of Brookline, 78 Mass. App. Ct. 233, 246-247…