[Gritty]

Originally Posted by Prp77

Mark,

I also live in NH and serve on my town’s Planning Board and was previously on the Zoning Board of Adjustment.

This document outlines the steps your neighbor would have to prove to succeed in getting a variance. https://www.nh.gov/osi/resource-libr...definition.pdf

You would be looking for an attorney specializing in municipal law. Our town uses this firm and the lawyer we have experience with has been very good.
https://dwmlaw.com/practice-areas/municipal-law/

I’m new here else I would DM you (I need more posts + 7 days). I’d be happy to get on a call with you if you had further questions. Not sure you would be comfortable with it but if you posted your # here I can reach out.

Either way best of luck. On the surface it sounds like your neighbor has an uphill battle, but without more specifics it’s hard to say what his chances are.

Doug

Good information from Doug - In theory a variance is not suppose to be approved, especially if the town knows the neighbors are in opposition and have an attorney. Most towns need to notify the neighbors with in a certain distance if a variance if being requested but I would ask your town for clarification. Then a public hearing would follow.
That said if he builds within the code it should and probably will be approved.

[Bc2005]

In my city, if you request a variance it requires a certified letter notifying all adjacent neighbors of the request for a variance. They can reply in writing or show up at the hearing with the city board.

I talked to my neighbors and knew they would not object, but was told the board would take any objections very seriously. In your case you also have issues with a septic field and wetlands setback, and these areas are usually much harder to get a variance. Bureaucrats establish this type of rule and they will be the ones allowing a variance to go forward. They do not like to make exceptions to their rules because it establishes a precedence that might carry over to other homes and lots.

[Mason Hatcher]

Originally Posted by HerkHealer

Yes it does. In the " Live Free or Die " state.
THE LAW: "You do not need a permit. Fences are not to exceed a height of 6' in the back or sides of the property, or 4 feet in the front"

Oddly, I could care less about the illegal fence as I dont have to see them as much. But when you start damaging my property value due to being an idiot, then I start caring.

Can you point me to that law? That's fascinating.

[2008M36MT]

Originally Posted by Onesie

You sound like a treat… hope things work out for you and your big property with your view…

Agreed, I'll just say it , he sounds like a complete asshole. If he wants to live in conformity, he should move to an HOA, not create his own and police his neighbors. Typical sue happy American mentality, bet he's never even met or talked to the neighbor, first interaction will be dropping a lawsuit.
Nice.

[dradernh]

Originally Posted by 2008M36MT

Agreed, I'll just say it , he sounds like a complete asshole. If he wants to live in conformity, he should move to an HOA, not create his own and police his neighbors. Typical sue happy American mentality, bet he's never even met or talked to the neighbor, first interaction will be dropping a lawsuit.
Nice.

I'll say this as nicely as possible so that you might accept it that way: New Hampshire is not like many other places in our country; it is, especially, not at all like the "Best Coast".

My bonafides are this: I've lived in both, for extended periods of time, and I have a very clear sense of what both are about.

That said, I am and will always be happy to compare notes.

[2008M36MT]

Originally Posted by dradernh

I'll say this as nicely as possible so that you might accept it that way: New Hampshire is not like many other places in our country; it is, especially, not at all like the "Best Coast".

My bonafides are this: I've lived in both, for extended periods of time, and I have a very clear sense of what both are about.

That said, I am and will always be happy to compare notes.

I've lived all over the world, including New England, specifically Hartford, and spent a lot of time in Boston and NYC. I've also lived in NoVA/DC, in the SE US, all over CA and south. People are a mixed bag but those I met in/from NH all came off as nice.

It's this particular person's thought process/approach that I took exception with. He's not looking for criticism, but a lawyer, so I won't continue to make it about me. If I was his neighbor, and even assuming what he says is true, I'd think both he and the other guy are assholes and would want nothing to do with them.

[LuvMyE92]

There's no way he can build on a septic field.

I think some of you guys are being a bit hard on the OP. A lousy neighbor can ruin your life.

[vreihen16]

Originally Posted by LuvMyE92

There's no way he can build on a septic field.

...unless you move the septic as a part of the construction project. One of the people in our neighborhood actually did this, cost be damned.....

[Manny01]

This is intriguing. Would you be comfortable posting an ariel/google satellite picture of the properties?