PMC Realty Trust v. Town of Derry

PMC Realty Trust owns a 54-acre parcel of land in Derry. Berge Nalbanian holds an option to purchase the property. They appeal from the recommendation of a Master (Francis J. Frasier, Esq.), approved by the Superior Court (Nadeau, J.), upholding the refusal of the Derry Zoning Board of Adjustment (the board) to grant two zoning variances that would have permitted the plaintiffs to construct 308 units of multiple-family housing on the PMC property.

At oral argument, the parties stipulated that one of the two requested variances, involving water and sewer connections, is no longer necessary…