In Re Stowe Club Highlands

Summary

The court rejected the trial court’s conclusion that the meadow had been dedicated as open space because neither the permits nor the recorded plan imposed that restriction. It nevertheless affirmed denial of the proposed house and stable because the structure would replace a barn within a mandatory setback area, and the zoning ordinance did not authorize total replacement of a noncomplying structure. The court also held that the owner’s attempt to characterize the setback as a waivable green-belt requirement was not preserved and that the trial court properly construed the ordinance.