RAYMOND — Neighbors are fighting the town’s conditional approval of a plan to build 172 multi-family condominium townhouses.
Robert and Kathleen McDonald, who live at 1 Park Place, have taken court action to appeal a zoning board of adjustment decision and challenge the planning board’s approval that cleared the way for the project to move forward.
The planning board OK’d the proposal with several conditions on Oct. 18 after reviewing it for about 18 months. The approval came after as many as 15 waivers were granted related to the town’s road standards.
Mardan Investment Group LLC of Manchester is the owner and developer of the 86 acres at 41 Chester Road.
Following the board’s approval, the McDonalds appealed the decision to the zoning board, which denied it and refused to rehear the case.
The McDonalds, who have lived on the property for 30 years, filed an appeal of the zoning board decision in Rockingham County Superior Court last week.
The appeal follows a court petition last November asking a judge to review the planning board’s decision, claiming the board violated several of its own regulations when it OK’d the project. A hearing in that case is scheduled for June 6.
The McDonalds argue that the property to be developed has valuable surface water, wildlife, plant and wetland resources. They also say that it has vernal pools, historic and archaeological resources and steep slopes in the area of the surface waters.
According to their petition filed through attorney Scott E. Hogan, the project’s design “seeks to maximize the intensity and scope of development to the highest level possible. Given that, the chosen design required 15 separate waivers from the planning board’s regulations.”
In its response to the legal action, the planning board denies many of the allegations.
“The property does contain many water resources, all of which the board found were adequately protected by the proposed development,” the board said in court paperwork.
The planning board has asked the court to support the board’s decision and dismiss the petition.