Cited by

additional evidence is not to afford the appealing party a trial de novo, which is no longer available, but rather to assist the court in evaluating the action of the board.” Sweeney v. Dover, 108 N.H. 307, 309 (1967) (citation, quotation and brackets omitted) (decided under prior law).

rather ‘to assist the court in evaluating the *107 action of the [board].’” Sweeney v. Dover, 108 N.H. 307, 309, 234 A.2d 521, 522 (1967) (quoting Village Builders, Inc. v. Town Plan & Zoning Commission, 145 Conn. 218, 221, 140 A.2d 477, 478 (1958)).

Id.; see Sweeney v. Dover, 108 N.H. 307, 309, 234 A.2d 521, 522 (1967).

In ruling that, under RSA 31:78, the zoning board’s decision could not be set aside unless “as a matter of law the evidence compelled a contrary finding by the Board,” the master applied the test set forth in Beaudoin v. Rye Beach Village Dist., 116 N.H. 768, 771, 369 A.2d 618, 621 (1976) and Sweeney v. Dover, 108 N.H. 307, 310, 234 A.2d 521, 523 (1967).

In that decision, we conceded that the standard of review required by the statute, as interpreted in such cases as Vannah v. Town of Bedford, 111 N.H. 105, 276 A.2d 253 (1971) and Sweeney v. Dover, 108 N.H. 307, 234 A.2d 521 (1967), was tantamount to no review whatsoever.

31:85 —Hearing, etc. The court may take evidence or appoint a referee to take such evidence as it may direct____ The town points out that the master had before him the minutes of the board hearing and argues that our holding in Sweeney v. Dover, 108 N.H. 307, 234 A.2d 521 (1967) precluded the admission of former building inspector Berg’s testimony relating to the grandfather clause.

In Sweeney v. Dover, 108 N.H. 307, 310, 234 A.2d 521, 523 (1967), this court stated that unless the superior court can rule “as *670 a matter of law that the evidence compelled a contrary finding by the board..

Conery v. Nashua, 103 N.H. 16, 164 A.2d 247 (1960); Sweeney v. Dover, 108 N.H. 307, 234 A.2d 521 (1967); Mills v. Manchester, 109 N.H. 293, 249 A.2d 679 (1969).

Sweeney v. Dover, 108 N.H. 307, 310, 234 A.2d 521, 523 (1967); Mills v. Manchester, 109 N.H. 293, 295, 249 A.2d 679, 681 (1969); Simoneau v. Nashua, 112 N.H. 18, 20, 287 A.2d 620, 621-22 (1972).

Vannah v. Bedford, 111 N.H. 105, 112, 276 A.2d 253, 258 (1971); Sweeney v. Dover, 108 N.H. 307, 310, 234 A.2d 521, 523 (1967); Bouley v. Nashua, 106 N.H. 79, 205 A.2d 38 (1964).

Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971); Sweeney v. Dover, 108 N.H. 307, 234 A.2d 521 (1967); *224 Stone v. Cray, 89 N.H. 483, 200 A. 517 (1938); Sundeen v. Rogers, 83 N.H. 253, 141 A. 142 (1928).

While the trial court granted plaintiff’s request for a finding and ruling that “literal enforcement of the ordinance would result in unnecessary hardship”, no express finding or ruling was sought or made that such hardship would result from "special conditions” (RSA 31:72 (III)) peculiar to the plaintiff’s property.

” R has been held the court may properly in those cases consider additional evidence not presented to the board to assist it in evaluating the action of the board (Sweeney v. Dover, 108 N.H. 307, 234 A.2d 521 (1967); Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971)) and the same is the rule in this case.

In order to set aside the action of the Board it is not sufficient that the master found on the evidence before him that each of the statutory prerequisites for a variance had been established.

” RSA 31:78; Glidden v. Nottingham, 109 N.H. 134, 136, 244 A.2d 430, 431 (1968); Sweeney v. Dover, 108 N.H. 307, 309, 234 A.2d 521, 522 (1967).