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Board suspends findings on 36 Granite Street rehearing, denies rehearing for 2 Oldfield Road
Summary
The board used RSA 677:3 to suspend (table) its prior decision on 36 Granite Street to prepare clearer findings for the Feb. 11 meeting; a separate rehearing request for 2 Oldfield Road was denied 5–0 after the board found no procedural error, no illegal decision and no new evidence provided to staff.
The Zoning Board considered two rehearing petitions. On 36 Granite Street staff and legal advised the board that the Housing Appeals Board had remanded parts of the earlier decision for clearer findings. To comply and avoid further remand the board voted unanimously to suspend its prior decision pursuant to RSA 677:3 and revisit and refine findings at the February 11 meeting; staff will prepare proposed clarifying findings for that session.
On a rehearing petition for 2 Oldfield Road, petitioners alleged new video/photo evidence and procedural issues. The board reviewed four statutory questions (procedural error, illegality, new evidence, likely different decision) and determined there was no procedural error, no unlawful decision, no new evidence was actually provided to staff and nothing that would lead to a different outcome. The board denied the rehearing request 5–0.
