Bertrand v. Board of Appeals

Since 1971, Joseph Gibbons has owned two contiguous vacant lots (locus), each consisting of approximately 20,000 square feet. At the time of purchase, both lots were of buildable dimensions. Thereafter, in 1986, Bourne increased the minimum square footage required for constructing a single family house in the applicable zoning district to 40,000 square feet. In 1999, Gibbons sought and obtained a variance from the board of appeals of Bourne (board), allowing two single family houses to be built on the locus (one on each lot). The plaintiffs, whose property abuts and is directly behind the…