Severance v. Town of Epsom

The defendant, Town of Epsom (town), appeals a ruling of the Superior Court (McGuire, J.) reversing a decision by the Epsom Zoning Board of Adjustment (ZBA) barring the plaintiffs, Melvin Severance, III, Janice Severance and Donald Severance, from using their seasonal dwelling as a year-round residence. The issues before us are: (1) whether seasonal residential use is a permitted use under the town’s zoning ordinance; and (2) whether year-round use of the seasonal dwelling is a substantial change of a pre-existing, nonconforming use. We affirm.

The record reflects the following facts. The…