Colby v. Town of Rye

Memorandum Opinion

The plaintiffs own a Victorian cottage in the town of Rye which has been used primarily as a summer home. In 1979 they decided to make certain improvements so that the house would be inhabitable year-round. The renovation plans called for the west porch to be enclosed and converted into a kitchen area, and another porch to be added to the new enclosure. The plaintiffs applied for a building permit. The town approved the enclosure of the porch; however, because the house did not meet the side-line and lot size requirements of the town’s zoning ordinance, the plaintiffs were…