Marchand v. Town of Hudson

The defendant, the Town of Hudson (town), appeals from a Superior Court (Brennan, J.) order rescinding a building permit granted to the intervenor, Jeremy L. Muller. The town argues that the court misapplied the law on accessory uses and ordered relief that conflicted with federal objectives to allow and promote amateur ham radio facilities. We affirm in part, reverse in part, vacate and remand.

Muller resides in a section of Hudson zoned Residential-Two (R-2), and is an amateur or “ham” radio operator. In December 1998, when Muller applied for a building permit, the town had no regulations…