In re Appeal of Bailey

¶ 1. Plaintiff Richard E. Bailey appeals from an environmental court order affirming a decision by the Town of Arlington’s Zoning Board of *615Adjustment (Board) that granted a variance from the front and rear setback requirements for an undersized land parcel owned by Black Locust Development, LLC (applicant). Plaintiff contends that the court erred when it included a strip of land which is used as a public highway, although owned by applicant, in determining whether applicant’s property qualifies for treatment as a preexisting small lot under 24 V.S.A. § 4406(1) and the Arlington zoning…