Carter v. Town of Derry

Appeal under RSA 31:77 from the decision of the board of adjustment of the defendant town denying the plaintiff’s application for a variance to construct a seasonal dwelling on an undersized lot at Collette’s Cove, Island Pond, in Derry, New Hampshire. Hearing before a Master (Leonard C. Hardwick, Esq.) resulted in a report recommending that plaintiff’s petition be dismissed. The Superior Court (Morris, J.) approved the master’s report, dismissed the petition, and reserved and transferred to this court all questions of law raised by the parties.

Plaintiff’s property consists of two adjacent…