Cited by

at 513, “the members of the board can consider their own knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

While the board may have been free to question and reject the methodology or conclusions of the college’s expert study, see Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668 (1978), the trial court could not 5 To the extent the trial court relied on the abutters’ report in making any findings with regard to shadows or darkening of the abutting neighborhood, these findings and conclusions are not reasonabl

Vannah v. Bedford, 111 N.H. 105, 108 (1971) (“In arriving at a decision, the members of the board can consider their own knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.”), overruled on other grounds by Cook v. Town of Sanborton, 118 N.H. 668, 671 (1978).

*575 The Town argues, however, that the ZBA’s denial of the special exception implies that it did not accept Continental’s experts’ conclusions and that “the record contains sufficient evidence to support a finding that [those] experts lacked credibility.” The Town correctly notes that the ZBA does “not have to accept the conclusions of the experts.” Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668 (1978).

The superior court affords deference and applies a stricter standard of review to appeals of decisions from local land use boards because the members of these boards are more “familiar[] with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

The town argues that the ZBA is not bound by the conclusions of the expert, and is entitled to consider its own knowledge of the area and conduct its own fact-finding, Vannah v. Bedford, 111 N.H. 105, 112 (1971), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671 (1978).

We affirmed, holding that “[t]o grant a variance to the plaintiff in this relatively congested residential area under these circumstances would be against the public interest.” Id.; see also Vannah v. Bedford, 111 N.H. 105, 111-12 (1971) (variance would be contrary to public interest because it would result in increased traffic congestion).

In arriving at a decision to enact a regulation, a town may properly consider the town selectmen’s and planning board members’ “knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971) (zoning board of adjustment decision regarding variance), overruled on other grounds by Cook v. Town of Sanbornton, 118 N.H. 668, 671, 392 A.2d 1201, 1203 (1978).

We have previously held that “[i]n arriving at a decision, the members of the [ZBA] can consider their own knowledge concerning such factors as traffic conditions, surrounding uses, etc., resulting from their familiarity with the area involved.” Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971).

although it “can rely on its personal knowledge of certain factors in reaching its decision, Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971), its decision must be based on ‘more than [the] mere personal opinion...

Although the board can rely on its personal knowledge of certain factors in reaching its decision, Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971), its decision must be based on “more than [the] mere personal opinion...

The cases thereby overruled include Sweeney, Beaudoin, Vannah v. Town of Bedford, 111 N.H. 105, 276 A.2d 253 (1971), and any other cases in which the court applied a standard of review narrower than or otherwise contrary to that expressed in Cook.

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.

Vannah v. Town of Bedford, 111 N.H. 105, 112, 276 A.2d 253, 258 (1971); O. K. Fairbanks Co. v. State, 108 N.H. 248, 252, 234 A.2d 108, 111 (1967).

Vannah v. Town of Bedford, 111 N.H. 105, 112, 276 A.2d 253, 258 (1971).

Vannah v. Town of Bedford, 111 N.H. 105, 276 A.2d 253 (1971), relied on Sweeney and held, “[o]nly if the decision of the Board could not be reached...

Carter v. Derry, 113 N.H. 1, 300 A.2d 53 (1973); Wentworth Hotel, Inc. v. New Castle, 112 N.H. 21, 287 A.2d 615 (1972); Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971).

The evident design of RSA 31:72 to:77 is to give the board of adjustment which is close to the local situation the first opportunity *291 to resolve a question on the basis of its particular expertise and to correct any errors which it may have made initially.

RSA 31:72 III; accord, Went-worth Hotel, Inc. v. New Castle, 112 N.H. 21, 287 A.2d 615 (1972); Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971).

Bois v. Manchester, 113 N.H. 339, 306 A.2d 778 (1973); Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971).

“RSA 31:66, 72 (III) manifest a legislative intent to vest in a local board, whose members live close to the circumstances and conditions, authority to determine the public need and the means of meeting it in cases like the present one.” Vannah v. Bedford, 111 N.H. 105, 108, 276 A.2d 253, 255 (1971).

RSA 31:78; Carter v. Derry, 113 N.H. 1, 300 A.2d 53 (1973);Bimoneau v. Nashua, 112 N.H. 18, 20, 287 A.2d 620, 622-(1.972); Vannah v. Bedford, 111 N.H. 105, 107, 276 A.2d 253, 255 (1971).

RSA 31:78; Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971); Glidden v. Nottingham, 109 N.H. 134, 244 A.2d 430 (1968); see Michelman, Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law, 80 Harv.

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).

Vannah v. Bedford, 111 N.H. 105, 276 A.2d 253 (1971); Simoneau v. Nashua, 112 N.H. 18, 287 A.2d 620 (1972).

We think that the case before us is essentially indistinguishable from that of Vannah v. Bedford, 111 N.H. 105, 112, 276 A.2d 253, 258 (1971).

Considering the entire record before us, we cannot say that the master was in error when he failed to find that the action of the board in denying a variance to part of plaintiffs property as it did, while granting it as to another part, was unjust, unreasonable or unlawful.

” 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.