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May 10, 2010 1 Volume 41 No. 9 Zoning Bulletin conforming lots being able to obtain variances; those purchasing non- conforming lots with knowledge of the nonconformity would not be able to obtain a variance, "regardless of other circumstances." Thus j to hold otherwisewould result in "a per se rule excluding_ those who knowledgeably purchase non -conforming properties from zoning re- lief." This was a rule the court was not willing to adopt. I The court concluded: "the act of purchasing with knowledge [of nonconformity] is not, standing alone, sufficient basis upon which to deny a variance." Thus, here, the town's denial of the Lambs' request- ed variance on this ground was in error. See also: Jobnny Cake, Inc. Y. Zoning Bd. of Appeals of Town of Burl- ington, 180 Conn. 296,429 A.2d 883 (1980). See also: Twigg v. Town of Kennebunk, 662 A.2d 914 (Me. 1995). Case Note: The Superior Court had also affirmed the town's de- nial of the Lambs' requested variance on another ground. Under Massachusetts law, G.L. c. 40A, S 10, a variance from a zoning ordinance could be granted only if the zoning authority specifically finds a substantial hardship "owing to circumstances relating to the soil conditions, shape, or topography of such land or struc- tures...." The Superior Court judge found that, here, a variance could not be granted because "the dry land requirement relate[d] to size rather than `soil condition, shape, or topography."' How- ever, the appellate court disagreed and reversed. It found that the dry lot requirement did relate to "soil condition or topography." Zoning News from Around the Nation CONNECTICUT The Town of Mansfield is considering a zoning amendment that would alter the definition of "family," thereby allowing only a maxi- mum number of three nonrelated University of Connecticut students to live together off -campus. Current tenants and landlords of rental'units . housing four unrelated people would be "grandfathered" (exempted) from the new restrictions. The town's Planning and Zoning Commis- sion says the changes were "designed to protect single-family homes and other properties by preserving the character of Mansfield neigh- borhoods, protecting property values and promoting general `public health, welfare and safety."' Another draft proposal being reviewed i would limit the number of cars that could be parked in front of a rent- ed property. Also, the town is considering the possibility of creating a —' mandatory student tenant registry. 10 © 2010 Thomson Reuters 52