Albahari v. Zoning Board of Appeals

Defendant Lucille Owocki owns two contiguous parcels of land in Brewster (town). On August 29, 2000, she filed an application for a permit to build a single-family house on the land. The town building commissioner (commissioner) initially denied the application, but following litigation described below, ultimately issued the permit on September 22, 2005. By *246then, however, the town zoning by-law (by-law) had changed in a way that made it impossible for Owocki to build in accordance with the plans attached to her application. Neighbors appealed issuance of the permit to the town’s zoning board…