Have you heard of a famous hermit named Perley E. Swett? He was a resident of Stoddard, New Hampshire, at the time of his death in 1973.
Native residents of New Hampshire have probably heard the story of Mr. Swett before. He was a man with no money or means of financial support other than the massive property he owned. … Read the rest
In 2015, Chichester Commons proposed to build a 24-unit elderly housing facility on approximately two acres and requested a waiver of the density requirement, which the planning board approved. After proposing a different project in 2018, in 2020, Chester Commons again proposed a 24-unit elderly housing facility and requested another density waiver request, which the planning board denied. The Housing … Read the rest
For New Hampshire and other states across the U.S., state law requires that people seek permission from local or federal agencies prior to the creation of either new or revamped structures. The permissions granted depend on the kind of construction one is seeking. They may vary from local approvals for planning and zoning (such as variances, building … Read the rest
On June 24, 2022, the governor enacted House Bill 1661 into law. The following is a summary of the key changes to the land use planning and zoning process:
RSA 673:3-a authorizes but does not require training for planning board and zoning board members. It does, however, require the office of … Read the rest
In an opinion handed down July 21, 2022, the New Hampshire Supreme Court (the
“Court) clarified its position on the standard for which a planning board decision will be
considered final, and thus triggering the appellate review process.
In Stergiou v. City of Dover (Case No. 2021-0139), the Court reviewed an appeal of a
trial court order denying Defendant … Read the rest
We have spent quite a bit of time in the past sharing how nonconforming provisions have been made for numerous properties in the state of New Hampshire. Those provisions basically allow certain properties to function as they always have. This is despite the fact that those properties do not meet all of the current local code requirements.
While expanding nonconforming … Read the rest
For years, multiple property owners in the state of New Hampshire purchased adjoining lots. They loved the idea that they owned two or more lots, especially if they chose to have family use one in the future or sell one. However, in recent years, problems have occurred since some of those lots were merged without the property owners’ knowledge.
In recent years, the New Hampshire Supreme Court has made decisions regarding numerous concerns about easements. There had been questions as to whether easements could be extended to adjoining properties. Those questions then turned into concerns over who was responsible for the actual maintenance of the easements.
Easement Accessibility by Adjoining Properties
Normally, easements cannot be used for any non-dominant … Read the rest
Zoning requirements have constantly changed over the years in the state of New Hampshire. However, there are multiple structures, lots, and land that do not need to follow the current zoning guidelines. Those items are considered nonconforming uses and are grandfathered into the local zoning codes. Most attorneys like to add the word legally, or lawfully, before nonconforming uses, to … Read the rest
Any local, or state, government can use their eminent domain authority to use a private property for any public project. These projects normally include widening a highway and constructing a bike path or sidewalk, but there are many other reasons why a property is needed. Most of the time, the private property must be sold to the government. But there … Read the rest
