After numerous meetings with the Hancock Historic District Commission regarding proposals for fencing at the Hancock Inn, owner 33 Main Street, LLC, has filed a lawsuit against the Zoning Board of Adjustment and the Town of Hancock.

The hearing will take place at 2 p.m. on Tuesday, Oct. 17, at Hillsborough North Superior Court, 300 Chestnut St. in Manchester. Preti, Flaherty, Beliveau & Pachios of Concord is representing 33 Main St.

The Hancock Zoning Board voted unanimously to deny 33 Main Street’s proposal for fencing in November 2022, and denied an appeal to the decision in February 2023. The suit alleges that  “due to the influence of the Historic District Commission, the Zoning Board’s decision on the proposed fence was unreasonable and unlawful,”  and makes the same claim regarding a previous proposal for a 6-foot brick wall. 

The complaint claims that the ZBA failed to review 33 Main St’s appeal to the HHDC “de novo,” or “based solely on the Zoning Board’s own assessment of the appeal, without deferring to be or being swayed or bound in any way by the HHDC’s assessment and decision.” The case cites RSA 674:33, which requires that the Zoning Board consider appeals as a “fresh matter” without deference to the HHDC’s decisions. 

At issue is a proposed 6-foot-tall, aluminum, black-painted fence, which would enclose the back patio and back yard of the inn, replacing an existing wooden fence which is not historic. Representatives for 33 Main St. have argued that a black metal fence would blend in well with the property, while members of the Historic District Commission have cited their concerns that a painted aluminum fence “lacks character,” is not compatible with the existing metalwork on the inn and does not fit with the historic nature of the village of Hancock. The HHDC has suggested the inn use fencing similar to other styles on Main Street.

In previous meetings, HHDC members have stressed their responsibility to the people of Hancock, who place a high value on the historic character of the town, with the Hancock Inn, as the oldest continuously operated inn in New Hampshire,  being of special concern. HHDC member Jody Simpson noted in June that if one property on Main Street was permitted to have an aluminum fence, it would set a bad precedent. 

The Hancock Inn has been closed since April 2022, when 33 Main Street bought the business from Jarvis and Marcia Coffin.