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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Cheshire No. 2007-475 NINE A, LLC v. TOWN OF CHESTERFIELD Argued: April 30, 2008 Opinion Issued: June 3, 2008 Bragdon & Berkson, P.C., of Keene (H. Neil Berkson and Kelly E. Dowd on the brief, and Mr. Berkson orally), for the plaintiff. Tower, Crocker & Mullins, P.A., of Jaffrey (Thomas P. Mullins on the brief and orally), for the defendant. GALWAY, J. The plaintiff, Nine A, LLC, challenges a Superior Court (Sullivan, J.) order affirming decisions of the Chesterfield Zoning Board of Adjustment (ZBA) denying variance applications for development of a parcel of land bordering Spofford Lake in Chesterfield. On appeal the plaintiff argues that the superior court erred in finding that the requested variances violated the spirit of Chesterfield's zoning ordinance and were contrary to the public interest and that the superior court erred in not finding that the plaintiff satisfied the remaining variance requirements. We affirm.

The record supports the following relevant facts. The plaintiff owns approximately eighty-six acres of land in Chesterfield. Approximately six acres is bordered by Spofford Lake on one side and by Route 9A on the other side (the six-acre parcel). The remaining eighty acres is situated in the Residential District and it is located on the other side of Route 9A (the eighty-acre parcel). The six-acre parcel has approximately 380 feet of frontage on Route 9A and approximately 1060 feet of frontage along Spofford Lake. It is located in the Spofford Lake District, which overlays the Residential District. Currently, the six-acre parcel contains a vacant 90,000 square foot institutional building, known as Spofford Hall, which was previously used as a rehabilitation facility. An on-site well and sewage treatment plant located on the eighty-acre parcel services the building. In 1999, the Town of Chesterfield established the Spofford Lake District. While single-family dwellings are permitted uses in the Spofford Lake District, two-family dwellings and cluster developments are not. See Chesterfield, N.H. Zoning Ordinance

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