[HerkHealer]

Hi all,
It seems my Neighbor is applying through my town for a "hardship" building permit. I understand these are very hard to pass, but I'd like to hire a Lawyer to assist me in my opposition to his proposed build.

#1 he abuts a Wetlands area that is approximately 50 yards from his back deck. He wants to wlpe the deck out, pour a new foundation, and build an additional 15x20 structure added to the back of the house.
#2 he wants to build out 4 feet toward my property which is already very close because we are on waterfront property.
#3 he wants to build a 2 car garage in front of his property that will completely block views from myself and the other neighbor next to him.

What type of Lawyer should I contact for this dispute? Are there specific Lawyers that deal with these situations ?

Thank you!
Mark

[nyalpine90]

well what is your argument, what he/she cant do on their own land??

[2000cs]

You need a local attorney that specializes in real estate, and ideally has experience with the town and so forth.

We found our attorney (for our wills, but turns out he is a land use expert here) through neighbor referrals. If I needed what you need, I’d start with our attorney and ask him for who is best.

Another approach is to look at past cases with your zoning board or whatever, and see if you can identify the attorneys that were successful and generally on your side of the issues.

And finally, you can attend the meetings to see who is presenting, and who you like, then ask them to either represent you or provide a referral.

[HerkHealer]

Originally Posted by 2000cs

You need a local attorney that specializes in real estate, and ideally has experience with the town and so forth.

We found our attorney (for our wills, but turns out he is a land use expert here) through neighbor referrals. If I needed what you need, I’d start with our attorney and ask him for who is best.

Another approach is to look at past cases with your zoning board or whatever, and see if you can identify the attorneys that were successful and generally on your side of the issues.

And finally, you can attend the meetings to see who is presenting, and who you like, then ask them to either represent you or provide a referral.

Thank you! I've never had to use an Attorney, so I'm a bit clueless.
Will call around on Monday and search for real estate and zoning Lawyers.
If you want to PM your attorney's info, I will call them also.

[HerkHealer]

Originally Posted by nyalpine90

well what is your argument, what he/she cant do on their own land??

Nope, not at all, if its LEGAL to do.

#1, there is a 250 foot setback for new builds on wetlands.
#2, the property line setbacks in my town require 30 feet to build, he is trying to do this with about 15 feet and then build further toward me another 4 feet.
#3 in my town you cannot build something that blocks the view of neighbors.
#4 He wants to build his garage direclty atop his Septic Leach Field.

I know it all sounds ridiculous, but this guy is despised in our neighborhood. He got divorced, moved here 3yrs ago, met a new lady who "supposedly" was abused and beaten by her ex husband and 3 children, and has not seen or spoken to them in 15 years, to include thier grandkids. As soon as they married, he disowned his own 2 teenage children claiming they wanted to kill him, or have him kill himself.

After hearing that, I've not spoken to him in almost 2 yrs.

[kscarrol]

Not sure how things work in NH, but #4 is an absolute NO GO and would nix the garage portion of his plans...

[HerkHealer]

Originally Posted by kscarrol

Not sure how things work in NH, but #4 is an absolute NO GO and would nix the garage portion of his plans...

Of course it is. He is just an Ahole to be honest.

But I am for sure not losing this one. He recently installed a 10 foot fence in front of his property, on our line, which basically makes me see just fence when I look out my windows. The NH state law on fences is 6 foot in back 4 feet in front. So that gives you an example what I deal with.

Every single night I have to put up with his billion watt LED spotlights going off 50x or more pointing at my house. He has them set so sensitive that every time a car passes 100 yds away, they go off.

I'm sure the Town will just deny the Permit, but I want to make damn sure it never happens. He can dormer it, or whatever, but not this BS.

[Mason Hatcher]

Originally Posted by HerkHealer

Of course it is. He is just an Ahole to be honest.

But I am for sure not losing this one. He recently installed a 10 foot fence in front of his property, on our line, which basically makes me see just fence when I look out my windows. The NH state law on fences is 6 foot in back 4 feet in front. So that gives you an example what I deal with.

Every single night I have to put up with his billion watt LED spotlights going off 50x or more pointing at my house. He has them set so sensitive that every time a car passes 100 yds away, they go off.

I'm sure the Town will just deny the Permit, but I want to make damn sure it never happens. He can dormer it, or whatever, but not this BS.

Your state has laws on the height on fences? Your state?

You should live in an HOA neighborhood

[dradernh]

Originally Posted by HerkHealer

Hi all,
It seems my Neighbor is applying through my town for a "hardship" building permit. I understand these are very hard to pass, but I'd like to hire a Lawyer to assist me in my opposition to his proposed build.

#1 he abuts a Wetlands area that is approximately 50 yards from his back deck. He wants to wlpe the deck out, pour a new foundation, and build an additional 15x20 structure added to the back of the house.
#2 he wants to build out 4 feet toward my property which is already very close because we are on waterfront property.
#3 he wants to build a 2 car garage in front of his property that will completely block views from myself and the other neighbor next to him.

What type of Lawyer should I contact for this dispute? Are there specific Lawyers that deal with these situations ?

Thank you!
Mark

I used a Nashua real estate attorney a number of years ago; however, I no longer have any of the documents associated with the issue and cannot recall his name.

If you don't find a referral by other means, I suggest contacting the NH Bar Association for a referral: https://www.nhbar.org/lawyer-referral-service.

Good luck with it.

[HerkHealer]

Originally Posted by dradernh

I used a Nashua real estate attorney a number of years ago; however, I no longer have any of the documents associated with the issue and cannot recall his name.

If you don't find a referral by other means, I suggest contacting the NH Bar Association for a referral: https://www.nhbar.org/lawyer-referral-service.

Good luck with it.

Thank you Sir!

[HerkHealer]

Originally Posted by Mason Hatcher

Your state has laws on the height on fences? Your state?

You should live in an HOA neighborhood

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.

[chassis]

Originally Posted by HerkHealer

Hi all,
It seems my Neighbor is applying through my town for a "hardship" building permit. I understand these are very hard to pass, but I'd like to hire a Lawyer to assist me in my opposition to his proposed build.

#1 he abuts a Wetlands area that is approximately 50 yards from his back deck. He wants to wlpe the deck out, pour a new foundation, and build an additional 15x20 structure added to the back of the house.
#2 he wants to build out 4 feet toward my property which is already very close because we are on waterfront property.
#3 he wants to build a 2 car garage in front of his property that will completely block views from myself and the other neighbor next to him.

What type of Lawyer should I contact for this dispute? Are there specific Lawyers that deal with these situations ?

Thank you!
Mark

Are your neighbor’s plans legal?

What is the purpose of a hardship permit? What exemptions does it provide?

[HerkHealer]

Originally Posted by chassis

Are your neighbor’s plans legal?

What is the purpose of a hardship permit? What exemptions does it provide?

I doubt it.
This all happened today as he had a GC over going over all the details of his fantasy project. Lucky for me, with his 10 foot fence, I was able to hear everything discussed.

I am trying to be proactive prior to the Town sending out Signature Required USPS statements, so i'm ahead of the game. I literally was only aware of his "master plan" today.

On another note, my property is NOT in wetlands. I have direct water access per the State, my house is 3x the size of his and I have 3x the property/lawn size. He's attempting to catch up in his 720 sq ft hobbit house.

[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

[HerkHealer]

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

Doug,

Appreciate this!
Grab a few more posts and DM me if you wish.
If you're in the Nashua area, i'd love to speak with you.
I actually live in Hollis, but nobody knows where that is. LOL

Mark

[Prp77]

Originally Posted by HerkHealer

Doug,

Appreciate this!
Grab a few more posts and DM me if you wish.
If you're in the Nashua area, i'd love to speak with you.
I actually live in Hollis, but nobody knows where that is. LOL

Mark

I’m familiar with Hollis. Used to live in Groton Ma, wife grew up and still has family in Amherst, NH.

I’m now living on a small lake in Wakefield nh. I’ll see what I can do about upping my post count while trying to be relevant to the thread(s). If nothing has been submitted to the town and no abutter notices have been sent yet you still have a bit of time. I’ll reach out as soon as I can.

Doug

[HerkHealer]

Originally Posted by Prp77

I’m familiar with Hollis. Used to live in Groton Ma, wife grew up and still has family in Amherst, NH.

I’m now living on a small lake in Wakefield nh. I’ll see what I can do about upping my post count while trying to be relevant to the thread(s). If nothing has been submitted to the town and no abutter notices have been sent yet you still have a bit of time. I’ll reach out as soon as I can.

Doug

If you're familiar with a certain "Rocko" Italian Restuarant owner in Groton, we definitely need to talk.

Hahaha..funny story

[HerkHealer]

Originally Posted by chassis

Are your neighbor’s plans legal?

What is the purpose of a hardship permit? What exemptions does it provide?

Chassis, I doubt they are legal. As he just today had a GC come over.
Of course the GC was all about sucking money in, but I think the project is ridiculous.

[Littierally]

OP - no offense, but I’m grateful I don’t have neighbors like you.

[JP10]

Originally Posted by Littierally

OP - no offense, but I’m grateful I don’t have neighbors like you.

Strong disagree - don't feel like typing any further

[eluded]

If the structures being built against the law… Let him build them… And then bring in the lawyers

[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.