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September 10. 2012 8:50PM
Gennaro Estates variance is denied by Derry zoning board
DERRY — The Zoning Board of Adjustment narrowly denied a request for a variance to subdivide a 19-acre lot at the Gennaro Estates subdivision near Gulf and Bartlett roads.
Robert Allen, the developer of the subdivision, was seeking to divide the parcel into a three-acre lot and a second lot just under 16 acres.
Although the 16-acre lot is more than five times the minimum three-acre requirement for the low-density residential zone, the developer was seeking a variance on the frontage of the lot. The minimum frontage in the zone is 200 feet, however Allen was seeking a lot with 59 feet of frontage with a long driveway running back to a single house closer to the back of the large lot.
In the 3-2 vote to deny the variance, several ZBA members stated that coming in that far under the minimum frontage requirement was too much to ask for.
“This does not meet the requirements, even closely,” said ZBA member David Thompson. “If it was 100 or 150 feet, I might consider changing my mind.”
ZBA Chairman Allan Virr said he felt the drastic lack of frontage went against the spirit and intent of the zoning ordinance.
Thompson said he was also concerned that opening up the large lot could lead to additional development on the property.
However, board member Ernest Osborn said the ZBA would approve the variance for only one house on the lot.
Project engineer James Lavalle said that because any home on the lot would be set back from the frontage, it would not adversely affect the spacing of houses in the subdivision.
Lavalle noted that there are other towns that allowed smaller frontage provided the lot itself is substantially larger than the minimum requirements.
“A lot of towns have pork chop lots if the area is twice the required lot size,” he said.
Lavalle also noted that the minimum frontage requirement is in place so that there is adequate space between them. By having the long driveway and the house set back, he said it would maintain the look of the spacing and the spirit of the ordinance.
Allen bought the subdivision from another developer and the 19 acre lot near the back of the cul-de-sac was already in place, according to Lavalle.
“I can’t speak to the intent of the designer of the first subdivision,” he said. “This is the way my client purchased an existing, approved subdivision and he would like to create another three-acre building lot and leave one 15.9-acre lot for one home at this point.”
aswift@newstote.com
Robert Allen, the developer of the subdivision, was seeking to divide the parcel into a three-acre lot and a second lot just under 16 acres.
Although the 16-acre lot is more than five times the minimum three-acre requirement for the low-density residential zone, the developer was seeking a variance on the frontage of the lot. The minimum frontage in the zone is 200 feet, however Allen was seeking a lot with 59 feet of frontage with a long driveway running back to a single house closer to the back of the large lot.
In the 3-2 vote to deny the variance, several ZBA members stated that coming in that far under the minimum frontage requirement was too much to ask for.
“This does not meet the requirements, even closely,” said ZBA member David Thompson. “If it was 100 or 150 feet, I might consider changing my mind.”
ZBA Chairman Allan Virr said he felt the drastic lack of frontage went against the spirit and intent of the zoning ordinance.
Thompson said he was also concerned that opening up the large lot could lead to additional development on the property.
However, board member Ernest Osborn said the ZBA would approve the variance for only one house on the lot.
Project engineer James Lavalle said that because any home on the lot would be set back from the frontage, it would not adversely affect the spacing of houses in the subdivision.
Lavalle noted that there are other towns that allowed smaller frontage provided the lot itself is substantially larger than the minimum requirements.
“A lot of towns have pork chop lots if the area is twice the required lot size,” he said.
Lavalle also noted that the minimum frontage requirement is in place so that there is adequate space between them. By having the long driveway and the house set back, he said it would maintain the look of the spacing and the spirit of the ordinance.
Allen bought the subdivision from another developer and the 19 acre lot near the back of the cul-de-sac was already in place, according to Lavalle.
“I can’t speak to the intent of the designer of the first subdivision,” he said. “This is the way my client purchased an existing, approved subdivision and he would like to create another three-acre building lot and leave one 15.9-acre lot for one home at this point.”
aswift@newstote.com
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