Nestor v. Town of Meredith Zoning Board of Adjustment

The plaintiffs, abutters and nearby landowners to the land of defendants John W. and R. Joseph Dever, appeal an order of the Superior Court (O’Neil, J.) upholding the issuance by defendant Meredith Zoning Board of Adjustment (ZBA) of a special exception to the Devers. They argue: (1) that an apartment is not a permitted “accessory use” of a rural convenience store; (2) that the ZBA, without input from abutters, erroneously attached conditions to the grant of the special exception; (3) that the ZBA erroneously considered supplementary material submitted by the Devers in granting a motion for…