Simoneau v. City of Nashua, 6250
| Decision Date | 31 January 1972 |
| Docket Number | No. 6250,6250 |
| Parties | Norman R. SIMONEAU v. CITY OF NASHUA. |
| Court | New Hampshire Supreme Court |
Hamblett, Kerrigan, LaTourette & Lopez, Nashua (Joseph M. Kerrigan, Nashua, orally), for plaintiff.
Barry L. Cerier, City Sol., by brief and orally, for defendant.
This appeal to the superior court under RSA 31:77 is from denial by the board of adjustment of the city of Nashua of the plaintiff's request for a variance from the terms of the city's zoning ordinance, for the purpose of allowing the plaintiff's premises in Nashua to be used for a gasoline filling station. The premises in question are at the southeast corner of the intersection of Main and Allds streets in a two-family 'B Residential' zone. The Superior Court (Loughlin, J.), after hearing and a view, granted the plaintiff's request for findings and rulings, set aside the decision of the board of adjustment, and ordered that a variance be granted. We are of the opinion that this was error, and that the court's order should be vacated.
The 'B Residential' zone in which the plaintiff's property is situated is located south of a 'General Business' zone along Main Street at the center of the city, and lies between the business zone and a substantial 'A Residential' zone to the south. Directly across Main Street from the plaintiff's property is a relatively small 'C Residential' zone. Allds Street proceeds easterly from Main Street and gives access to East Hollis Street and the easterly side of the city. To the west of Main Street Allds Street is abbreviated and dead-end.
The immediate neighborhood within the 'B Residential' zone is a mixture of residential and business uses. On the east side of Main Street to the north of the plaintiff's property, across Allds Street, is a sizable tract on which the Hunt homes for elderly persons are located, well back from Main Street. North of the Hunt property in the 'General Business' zone is the Simoneau Shopping Centre where some fifteen (15) stores are located east of Main Street. South of the plaintiff's land on the east side of Main Street bordering the sidewalk is a one-story building which houses a real estate office and a sheet metal shop. Between this building and the intersecting street to the south are three two-family dwellings. Two streets further south the 'A Residential' zone begins.
To the east, or rear, of plaintiff's property on Allds Street is a four-family house in a reconstructed dwelling. This is owned by the plaintiff and was originally on the lot for which a variance is sought. Allds Street is largely residential.
Directly opposite plaintiff's property on Main Street, in the 'C residential' zone, is a laundry and cleaning pick up establishment. North of this is a multiple family building housing six to eight apartments and an insurance agency. Northwest of the intersection with Allds Street is a filling station, and next to it an A & P Super Market, south of a nine unit apartment house. Proceeding southerly from the laundry on the west side of Main are several multiple-family dwellings.
The plaintiff's land has been vacant since 1955, except for a small building at the rear of the lot which houses a dental laboratory. This building will be removed if a variance for a filling station is granted. Subject to the granting of a variance the plaintiff his entered an agreement to lease the premises to Mobil Oil Company at an annual rental of $15,000 for a 15-year term. The lot has a frontage of over 175 feet on Main Street and 125 feet on Allds...
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...the business property does not warrant a finding of unnecessary hardship so as to result in the granting of the variance. Simoneau v. Nashua, 112 N.H. 18, 287 A.2d 620; 82 Am.Jur.2d Zoning and Planning § 268 (1976). The record does not support a finding and ruling that the restrictions of t......
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Pappas v. City of Manchester Zoning Bd. of Adjustment
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