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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Rockingham
No. 96-416
WILLIAM S. BARTLETT, JR. AND LEE BARTLETT
v.
TOWN OF KINGSTON
March 26, 1998
Orr & Reno, P.A., of Concord (Charles A. Szypszak on the brief and orally), for the plaintiffs.
Loughlin & Wade, of Portsmouth (Peter J. Loughlin on the brief and orally), for the defendant.
HORTON, J. The plaintiffs, William S. Bartlett, Jr. and Lee Bartlett, appeal a decision of the Superior Court (McHugh, J.) affirming the Kingston Zoning Board of Adjustment's (board) denial of the plaintiffs' administrative appeal. The plaintiffs argue that the trial court erred as a matter of law in ruling that their property was located in a more restrictive zoning district. We reverse.
The plaintiffs own a parcel of land on Little River Road located in "historic district II." The Kingston Zoning Ordinance defines historic district II
to include Alma Ave. from a line at the center of the road extending back 150 feet on both sides of said line; Little River Rd., from a line at the center of the road, extending back 300 feet on both sides of said line, starting at a line 150 feet Southwest of Alma Avenue and running Northeast, stopping at the East side of the second bridge; Little River Road West from a line at the center of the road extending back 300 feet on both sides of said line, starting at Little River Road and running West for 1,350 feet. Properties whose frontage lies partially within the District, shall be considered within the District, to the distance from the center line as described above.
Kingston, N.H., Zoning Ordinance art. IV,