LONDONDERRY — Concerned that a new strip mall could compromise their community, members of the Vista Ridge Condo Association are mounting a legal challenge to the project.

“In a nutshell, the board's decision is being challenged,” Town Planner Cynthia May said Thursday morning.

In early May, the Planning Board granted conditional approval for the two-lot subdivision known collectively as the Shops at Londonderry despite opposition from many residents of the abutting Vista Ridge condominiums.

The board considered citizen comments over the course of several hours during a lengthy public hearing, and the Vista Ridge residents' concerns ranged from traffic and pedestrian safety to increased noise and decreased property values.

The two-building retail subdivision would merge two existing lots across from the bus station on Route 28, resulting in a single, 28-acre parcel that would then be divided into two new lots at 11.8 and 16.04 acres.

The project also includes plans for a right-of-way realignment along Vista Ridge Drive.

According to May, the town's Planning Department received an Order of Notice from the condo association's attorney, Daniel D. Muller Jr., on July 20.

The documents were then turned over to the town's legal counsel, May said, and it's unclear at this point what actions the town might take.

“It's in our lawyers' hands now,” said May.

Planning Board Chairman Arthur Rugg said he was unable to comment on the matter.

Contacted at his Manchester office Thursday afternoon, Muller said the condo association is asking courts to vacate the Planning Board's decision to grant the conditional use permit.

A merit hearing, where both the town and the condo association can plead their cases before a judge, has been scheduled for Oct. 16.

Muller said he believes the board's decision was contrary to Londonderry's town ordinance, since the conditional use permit, or CUP, “was granted on the basis of staff recommendations without taking town ordinance into consideration.”

“The conservation commission recommended against (the proposed) improvements to the site's conservation overlay, still (town staff) recommended granting the CUP since plans also called for a created wetland,” Muller noted. “But our position is that the intent of the conservation overlay ordinance is an element that cannot be overlooked.”

During a public hearing held earlier this spring, Muller said he also took issue with the developer's plans to subdivide the two lots.

“From our perspective, with the retail buildings alone, you're taking over 100,000 square feet of commercial space,” Muller said.

He also said site plans over 75,000 feet typically are required to construct a 75-foot buffer zone. The plans for the Shops at Londonderry call for a 50-foot buffer zone,because they are subdivided into two smaller projects.

“From our view, this looks like one development as opposed to two truly separate lots,” Muller said.

Muller further noted that the condo association “would also prefer to see a more significant buffer” separating the residential community from the strip mall.

The Vista Ridge condo community, which was completed in 2007, includes 10, three-story, 24-unit buildings located on 60 acres on Crestview Circle and Vista Ridge Drive, off Route 28.

aguilmet@newstote.com