Heron Cove Ass'n v. DVMD Holdings, Inc.

HORTON, J.,

retired, specially assigned under RSA 490:3. Defendant DVMD Holdings, Inc. (defendant) appeals the Superior Court’s (Abramson, J.) order reversing decisions of the planning board (board) and zoning board of adjustment (ZBA) of the defendant Town of Windham (town). The board and ZBA decisions concluded that the defendant’s land was exempt from the setback requirements set forth in the Wetland and Watershed Protection District (WWPD) environmental overlay to the town zoning ordinance. We affirm.

The defendant owns a 6.43-acre, commercially-zoned piece of property on the north shore of…