Griauzde v. Nashua

The plaintiffs’ position is that there was no new evidence presented at the rehearing so as to warrant the change of vote by the zoning board of adjustment granting the defendant Soucy a variance.

Article IX, s. 45(6) of the Nashua zoning ordinance provides that in order to grant a variance the board must find as follows:

“a. No diminution of value of surrounding properties would be suffered.

“b. Granting the permit would be of benefit to the public interest.

“c. Denial of the permit would result in unnecessary hardship on the owner seeking it. •

“d. By granting the permit, substantial justice…