Ouimette v. City of Somersworth & Agway Petroleum Corp.

The plaintiff appeals from a decree granting a variance from a Somersworth municipal zoning ordinance. The issue raised on appeal is the authority of the local zoning board to grant a variance when the only hardship alleged results from the special needs of an option holder of the property as opposed to special characteristics of the property.

The defendant Agway Petroleum Corp. (Agway) is an option holder on a parcel of land zoned business district B. Section 19.4(7) of the Somersworth zoning ordinance permits storage of gasoline in areas zoned business district B, providing that “gasoline…