Rowe v. Town of Salem

This reserved case is before us following a decree of the Superior Court (Goode, J.) vacating the grant of a variance by the Town of Salem Board of Adjustment.

In 1974, the intervenor, Durrett, purchased 3.3 acres of land on which stood two apartment buildings containing thirty units. The buildings were erected in 1965 when they were a permitted use. The area is presently zoned as a “residential district.” The intervenor applied for a variance to erect an additional building of twelve apartments. A hearing was held on October 5, 1976, and the board granted the variance.

The plaintiffs appealed…