Gratton v. Pellegrino

This is an appeal pursuant to RSA 31:77 from a decision of the board of adjustment for the town of Derry, granting a special exception, to permit the defendant Pellegrino to construct a house and operate a retail variety store therein in a residential zone. The Superior Court {Dunfey, J.) found that the operation of the proposed retail variety store would not be an “accessory use” as that term is used in the pertinent section of the Derry zoning ordinance, and that the board of adjustment could not lawfully grant an exception to the zoning regulations. All questions of law presented by the…