Construction plan falls outside the 'zone'

Law of the Land

In the case Cimino v. Zoning Board of Appeals of the Town of Woodbridge, Christine Cimino purchased a 5-acre parcel of undeveloped land in an area where a lot was required to have 2 acres of contiguous non-wetland a specific setback requirement in order to get a building permit.

More than 20 years prior to Cimino’s purchase of the property, a prior owner had applied on three separate occasions for the parcel to be zoned a buildable lot. While the surrounding land was subdivided into buildable lots, the inland wetlands agency denied each of the prior owner’s applications to approve this particular parcel. The rest of the parcels became numbered lots, while the remaining parcel was labeled "Remaining Land of ____, Trustee." It was transferred along with a neighboring lot until purchased from the owner of the neighboring lot by Cimino.