zoning by-laws

Chelmsford Hooksett Properties, LLC sought a use variance from the Hooksett ZBA to convert a 100,000 sq. ft. commercial office building to market rate residential apartments. The building was vacant for several years due to the obsolete nature of the existing structure built in 1986.  The property is in a zoning district reserved for a blend of commercial and retail uses but prohibiting residential uses. 

In the latest ruling from the long-running battle between the New Hampshire Alpha Chapter of Sigma Alpha Epsilon, Dartmouth College, and the Town of Hanover, the New Hampshire Supreme Court parsed the language of the statute conferring jurisdiction on the ZBA to determine that the ZBA had subject matter jurisdiction over SAE’s appeal.

The First Circuit Court of Appeals held that zoning bylaws restricting the size of adult-entertainment businesses, but not other businesses, was unconstitutional.