Zoning Board Appeal (17)
Sat, 11/15/2008 - 22:51 — NHCaseLaw.com
DUGGAN, J. Greg and Gail Taylor, trustees of Shady Acres Realty Trust, challenge a Superior Court (Fitzgerald, J.) order affirming a decision of the Town of Wakefield Zoning Board of Adjustment (ZBA) granting, with conditions, an equitable waiver for a thirty-five-foot wide waterfront access easement from land owned by intervenors Peter and Amy Harrington over the Taylors’ waterfront lot. Because we conclude that the superior court erred in concluding that the evidence supported the ZBA finding that the intervenors met the requirements of RSA 674:33-a, I(b) (2006), we reverse.
Sun, 10/12/2008 - 17:47 — NHCaseLaw.com
HICKS, J. The petitioner, Cardinal Development Corporation (Cardinal), appeals an order of the Superior Court (Arnold, J.) dismissing its appeal from the Winchester Zoning Board of Adjustment (ZBA) for lack of jurisdiction, due to the untimely filing of a motion for reconsideration. We affirm.
Fri, 08/22/2008 - 21:51 — NHCaseLaw.com
DUGGAN, J. The petitioner, Douglas R. Guy, appeals an order of the Superior Court (Hampsey, J.) upholding the Temple Zoning Board of Adjustment’s (ZBA) denial of his application for a junkyard license. See generally RSA 236:110-:129 (1993 & Supp. 2007). We reverse and remand.
Fri, 08/22/2008 - 19:58 — NHCaseLaw.com
BRODERICK, C.J. The petitioners, Preston T. Kelsey, II, Virginia R. Kelsey, Dirk J. Van Leeuwen, Frank Holloway, Ann Holloway, Robert McLaughry and Ann McLaughry, appeal the decision of the Superior Court (Vaughan, J.) upholding the dismissal of their appeal of a zoning permit granted by the respondent, the Town of Hanover (Town), to Jerry and Claire Strochlic. We affirm.
Tue, 08/19/2008 - 20:48 — DLG
Petitioners, Suzanne and Todd Adamcryck, bring this pro se appeal of the decision of the City of Concord Zoning Board of Adjustment ("ZBA" or "the Board") granting variance requests by the intervenor, Laconia Savings Bank ("LSB"). The City and LSB object to the relief requested by the petitioners. After hearing and upon consideration of the parties' oral and written arguments, the record, and applicable law, the Court finds and rules as follows.
Fri, 08/15/2008 - 17:14 — NHCaseLaw.com
HICKS, J. The plaintiffs, Scott Ouellette and other Kingston residents, appeal an order of the Superior Court (McHugh, J.) affirming the decision of the Town of Kingston Zoning Board of Adjustment (ZBA) granting approval to the intervenor, Konover Development Corporation (Konover), to construct a supermarket within the town’s historic district. We affirm.
Tue, 07/15/2008 - 22:12 — NHCaseLaw.com
GALWAY, J. The petitioners, Ryder Daniels and Gary Morrissette, appeal an order of the Superior Court (Nadeau, J.) upholding the decision of the defendants, Town of Londonderry and the Town of Londonderry Zoning Board of Adjustment (ZBA), allowing the intervenor, Omnipoint Communications, Inc. (Omnipoint), to build a wireless communications tower in an agricultural-residential zone. We affirm.
Fri, 06/20/2008 - 13:27 — NHCaseLaw.com
This is an appeal by the petitioner, Concerned Citizens for Horseshoe Pond, pursuant to RSA 677:4 (Supp. 2007), from a decision of the Town of Merrimack zoning board of adjustment ("the zoning board") upholding the Town of Merrimack planning board's ("the planning board") decision to grant site plan approval to the intervener, Melton Associates, LLC, for the construction of an elderly housing development. The court conducted a hearing on this matter on April 1, 2008. After careful review of the parties' submissions, the arguments presented at the hearing, and the certified record, the court concludes that the decision of the zoning board is not unlawful or unreasonable and therefore must be affirmed.
Wed, 06/04/2008 - 17:05 — NHCaseLaw.com
GALWAY, J. The plaintiff, Nine A, LLC, challenges a Superior Court (Sullivan, J.) order affirming decisions of the Chesterfield Zoning Board of Adjustment (ZBA) denying variance applications for development of a parcel of land bordering Spofford Lake in Chesterfield. On appeal the plaintiff argues that the superior court erred in finding that the requested variances violated the spirit of Chesterfield’s zoning ordinance and were contrary to the public interest and that the superior court erred in not finding that the plaintiff satisfied the remaining variance requirements. We affirm.
Mon, 06/02/2008 - 17:01 — DLG
Before the court is the Rye Board of Selectmen's ("BOS") appeal of a Rye Zoning Board of Adjustment ("ZBA") decision regarding a proposed condominium conversion sought by Intervenor 228 Maple Street, LLC, consolidated with 228 Maple Street, LLC's action bringing legal and equitable claims against the Town of Rye.