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Zoning/Grandfather Clause

On Lawyer & Legal » Real Estate & Property Law

1,441 words with 1 Comments; publish: Tue, 19 Mar 2002 12:15:00 GMT; (80093.75, « »)

I live in a small town in New Hampshire.An abutting property currently has four seasonal cottages on one acre (cottages were rented (when property was zoned commercial approx. 15+ years ago). Land was passed to new family members due to death. Two of the cottages are boarded and roof is falling in on one. Apparent they have not been inhabited in years.Owner feels he is allowed to renovate and rent out.We are told that they are grandfathered because of electric meters on buildings. When questioning our local Board we did not receive a yes or no - maybe. Approx. 10 abutters feel the buildings are grandfathered but not the right to rent - no continuous rental use in past 15 years.Area now zoned residential.If they are allowed to rent, under the grandfather law, do abutters have to be notified and voice opinion.Should we state in writing to our Board our objections for any future rental use?Other local owners' reverting back to commercial use was denied.No financial hardship if rental income is lost, wealthy owner.Bldgs are left to protect owner's financial interest, but abutters' have devalued property.Do landowner's rights take precedence over abutters?Any help would be greatly appreciated.

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    • N.H. Update: It was determined, by the town's attorney, that the grandfather use had been lost. Grandfather is continuous use, and if shown there has been a "break" for more than 12 months, it negates the use. Thanks anyway!
      #1; Fri, 19 Apr 2002 06:51:00 GMT