Hillsborough Superior Court – North has decided in favor of the Town of Hancock in the matter of a ZBA hearing over a proposed aluminum fence at the Hancock Inn.

Hancock Inn owners 33 Main Street, LLC, represented in court by Todd Enright and attorney Dan Luker of Preti Flaherty, filed a lawsuit in October claiming that the Hancock ZBA failed to review the proposed metal fence “de novo,” and instead was improperly influenced by the findings of the Hancock Historic District Commission. 

In November 2022, the HHDC rejected 33 Main Street’s application to replace an existing wooden picket fence with a plain, black metal fence, and the ZBA did the same in February. In June, the HHDC rejected 33 Main’s amended fence application and rejected four alternative designs in August. 33 Main Street has cited the existence of other metalwork in the Downtown Historic District in support of the proposed aluminum fence, and argued that the proposed fence would be “unobtrusive and compatible with the town’s historical character.”

The company called the ZBA’s decision to reject the fence “unlawful and unreasonable,” and claimed that comments made at ZBA hearings indicated that the board relied on the advice of the HHDC to make its decision.

The judgment, which was released Dec. 18 by Justice David Anderson, included excerpts from testimony by expert witness Erin Hammersted of Historic Harrisville, who stated that the proposed metal fence “could change the character of the town … incremental and minor changes – such as allowing a singular metal fence – could lead to major change.”

“The plaintiff’s argument here boils down to its belief that the ZBA relied too heavily on the HHDC’s expertise and placed too much emphasis on testimony from HHDC members in making its own rulings. The court is not persuaded,” Anderson wrote.

The statement went on to cite the ZBA’s decision to hold a second hearing on Feb. 22 to discuss the matter, rather than denying the appeal at the first meeting on Feb. 8, as evidence that the ZBA was aware they could not rely solely on the HHDC’s recommendations in the matter. The statement concluded that “is not the function of the court in reviewing a ZBA appeal.” 

“The town and the ZBA are pleased with the decision. We feel it upholds the results that we felt were correct,”  Hunt Dowse, chair of Hancock’s ZBA, said Tuesday.

Kerri Landry, spokeswoman for 33 Main Street, LLC, released the following statement: “While we respect the opinion of the court, 33 Main Street, LLC believes its filing was meritorious and supported by historical precedence. The inn’s management will continue to advocate for design details that are ascetically correct and appropriate for the period and architecture of the inn.”