[MassHistPres] zoning "rights" vs limitations in districts

[Dennis De Witt]

It's clear that in a district you can require a building be smaller than zoning allows.  Beyond that . . . 

First, I'd be interested in knowing of examples in LHDs (or NCDs) of either:

a) an applicant being effectively denied the number of dwelling units allowed under zoning.  For instance, only being allowed building volume sufficient for two marketable dwelling units where the zoning might have allowed four

or

b) not being able to build anything on a lot subdivided from another developed lot -- for instance not in the front or side yard of an existing house where the effect clearly would be detrimental to the existing house.

Second, is there any LHD or NCD related case law related to this general type of situation -- i.e. where the applicant might claim confiscation of property value without compensation because the site's zoning would have allowed one or more additional buildings or units, not just additional building volume.  I think there is generally applicable settled case law covering the confiscation issue re zoning.  I'm wondering if it has been tested specifically re districts.

Dennis De Witt