Zoning Board Denies Colonial Drive Subdivision Rehearing Request

Penny The Londonderry Zoning Board of Adjustment (ZBA) has voted 5-0 to deny a request for a rehearing of the Moreau Living Trust variance request.

The board had voted 4-0 in June to approve the variance request to allow a subdivision of an 8-acre lot with a right-of-way to Colonial Drive into two single-family lots, each with 50-foot frontage.

Bob Feldman et al had requested a rehearing.

In June, when the board approved the variance request, it did not see any diminution of property values to the abutters from the proposed subdivision. The board also thought the subdivision would activate the conservation overlay restrictions, providing greater protections for the wetlands and for abutters. The board members said the proposed subdivision was a reasonable use of the property.

At that hearing, a half dozen abutters spoke in opposition to the plan. claiming diminution of their property values, loss of conservation land and wildlife, and objection to the 50-foot frontage when their properties were required to have 150-foot frontage, Several said the plan was squeezing houses in behind their homes, and others were concerned about the impact on the wetlands and drainage.

At the July 20  ZBA meeting, Feldman filed a request for a rehearing. He provided the ZBA with 20 pages of information at that time, and the board opted to take time to review Feldman’s material before rendering a decision on a rehearing. Chairman Jim Smith said that because the 30-day appeal period would expire before the next ZBA meeting in August, it would be necessary to suspend the case to buy time for review, and the board voted 5-0 to do that.

On Wednesday night, Aug. 17, Smith asked the board members for their opinions and reasoning regarding the rehearing request after reviewing the material submitted.

Alternate member Suzanne Brunelle said that in her review of the material she didn’t see anything new or any information that was different from what was presented at the hearing. She added that she thinks some of the things stated were not accurate or legal.

The rest of the board agreed, saying they had seen nothing new in the material submitted that would change their original decision.

A motion was made to deny the request for a rehearing and the board voted 5-0 to deny the rehearing request.

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