Successful Challenge to Planning and Zoning Board Permits in Berlin, NH

Attorneys Sandra Cabrera and Jonathan Frizzell of Waystack Frizzell represented Allen Bouthillier in his successful challenge to planning and zoning board’s issuance of permits for a wind farm on Jericho Mountain in Berlin, New Hampshire.  To read the Superior Court’s decision, Click Here.

Mr. Bouthillier owns approximately 850 acres on the top of Jericho Mountain and intends to develop a wind farm on this land.  In January of 2013, the Berlin Planning and Zoning boards approved applicant Jericho Power LLC’s amended application to construct three wind power turbines on a smaller 135 acre parcel that directly abuts Mr. Bouthillier’s property.

Mr. Bouthillier appealed these decisions first to the zoning board, and then to the Superior Court, arguing that the location, height, and wingspan of Jericho Power LLC’s turbines will adversely affect his ability to develop a wind farm on his property.

Coos Superior Court Justice Bornstein ruled largely in favor of Mr. Bouthillier.  The Superior Court’s decision  remanded the matter to the zoning board to determine whether the amended site plan and variances violate the spirit and intent of the zoning ordinance; are consistent with the setback requirements; and are consistent with the zoning ordinance performance standards.