History
  • No items yet
midpage
Liolis v. Franklin Zoning Board of Adjustment
118 N.H. 928
| N.H. | 1978
|
Check Treatment

Memorandum Opinion

Plaintiff, a licensed hairdresser, seeks to open a hairdressing or beauty shop in her Franklin home. The home is in an 0-1 zone, which under the Franklin zoning ordinance permits “accessory uses” that are “incidental and subordinate to the principal use.” The board of adjustment found that the hairdressing occupation was a home occupation but not an accessory use, and denied the plaintiff a use permit. *929On agreed facts, the Master (Robert A. Carignan, Esq.) denied the plaintiff relief. Her exception was reserved by Mullavey, J. We reverse.

Section 608 of the ordinance defines “home occupations” as activities “such as” art studios, dressmaking or teaching, and, if these occupations comply with certain other conditions of the section, requires that these home occupations be permitted as accessory uses. Both parties agree that the plaintiff’s use will comply with the conditions of section 608; the use therefore must be permitted as an accessory use. The master’s ruling denying the plaintiff relief is clearly incorrect.

Exceptions sustained.

Case Details

Case Name: Liolis v. Franklin Zoning Board of Adjustment
Court Name: Supreme Court of New Hampshire
Date Published: Dec 29, 1978
Citation: 118 N.H. 928
Docket Number: No. 78-213
Court Abbreviation: N.H.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.