Kalil v. Town of Dummer Zoning Board of Adjustment

The plaintiffs, Charles and Brenda Kalil, appeal an order of the Superior Court (Vaughan, J.) remanding this matter to the defendant, the Zoning Board of Adjustment (ZBA) for the Town of Dummer (Town). We affirm in part and remand.

I. Background

The following facts appear in the record. The plaintiffs own a parcel of land situated in both the Town’s conservation and conservation overlay-zones. On November 3, 2004, they filed applications with the Town’s selectmen for building permits to construct a barn, a bird barn with flying pen, and a farmhouse. The selectmen denied the applications, ruling…