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Rye ZBA denies rehearing request for 28 Gray Court
Summary
The Rye Board of Adjustment denied a petition by Jonathan and Jean Murphy to rehear conditions attached to variances granted Jan. 7, 2026, concluding the board’s original decision was neither unlawful nor unreasonable and that no new evidence was presented.
The Rye Board of Adjustment on March 4 denied a request for rehearing by Jonathan and Jean Murphy concerning conditions attached to variances the board granted on Jan. 7.
Under New Hampshire RSA 677:2 and the town zoning ordinance §190-7.3, a rehearing can proceed only if the board made an error of law or if new information not previously available is presented. Member Chris Piela, who did not sit on the January hearing but reviewed the meeting recording, said he could render an opinion. After deliberation the board concluded there had been no misapprehension of law or newly available evidence and voted to deny the rehearing (motion by Chris Piela; second by Rob Patten). The vote was recorded 5–0.
Board counsel Eric Maher advised members that the rehearing standard is narrow: the board must find either a mistake of law or new evidence to justify reopening a prior decision. The motion’s denial leaves the January 7 conditions in place; the board’s notice of decision reminds affected parties that rehearing motions may be filed within 30 days and that work commenced before the rehearing/appeal period is undertaken at the applicant’s risk.
The denial was procedural and does not change the underlying variance approvals awarded on Jan. 7.
