Robert and Jeanette Lubinsky v. Fair Haven Zoning Board

Summary

The court affirmed refusal of a permit to convert the plaintiffs' preexisting undersized lot into a two-family dwelling. It held that the statutory small-lot provision relaxes minimum lot-size requirements only enough to allow the lot to qualify for basic use in its zoning district, not to exempt it from density limits tied to the number of dwelling units. Applying the statute more broadly would create an unlimited multifamily-development privilege inconsistent with zoning's regulatory purpose.