Monadnock Mountain Zone Appeal
Teaming up with the Citizens for the Protection of Mount Monadnock, the Forest Society will appeal a recent Cheshire County Superior Court decision concerning a large new housing development in a specially designated zone approved by voters in four communities to limit development at the base of Mount Monadnock.
The Superior Court decision gives the green light to a project that will locate 28 single family homes on 17 acres of land located within the "Mountain Zone" designated by the Jaffrey zoning ordinance. This represents a 100 percent increase in housing density anticipated by the Mountain Zone ordinance. The Mountain Zone, which has been on the town's books for more than 16 years, was approved by Jaffrey voters to protect the scenic beauty at the base of Mount Monadnock by managing the scale of development within the Zone. The towns of Dublin, Marlborough, and Troy have each adopted similar Mountain Zone ordinances with the same goal of conserving the Mount Monadnock landscape.
"The Superior Court decision has the effect of reversing the vote made by Jaffrey residents to minimize development in the Mountain Zone," said Forest Society Vice President of Policy and Land Management Will Abbott. "The Forest Society and the Citizens group are pursuing this appeal to the Supreme Court to restore the intent of the original vote establishing the Mountain Zone: to properly steward the Mount Monadnock landscape."
"We believe that the variances and related decisions that have enabled this radical departure from the norm go far beyond the legal authority of Jaffrey's Zoning Board of Adjustment and its Planning Board," said Charles Royce, head of the local citizen's group fighting the proposed development. "Fortunately, the New Hampshire Legislature and the New Hampshire Supreme Court have set clear limits on the power of local town boards."
The Citizens for the Protection of Mount Monadnock have issued a statement regarding the Van Dyke case.
The NH Superior Court in Keene issued its decision on the Van Dyke-Monadnock condos case, upholding the rulings of the Jaffrey Town Boards. The Forest Society and the Citizens for the Protection of Mt. Monadnock are taking the case to the NH Supreme Court.
The Citizens for the Protection of Mt. Monadnock, headed by H. Charles Royce, issued the following statement to the press:
"This latest decision, favoring 28 condominum houses on 17 acres, allows a 100% increase in housing density above the limits for Mt. Monadnock's Mountain Zone, set by Jaffrey voters expressly to avoid 'exploitation in a zone immediately adjacent to the (Monadnock) highlands.'
"These decisions not only threaten the rural character and beauty of Mt. Monadnock but also have destructive implications for zoning across the state. We believe that the variances and related decisions which have enabled this radical departure from the norm go far beyond the legal authority of Jaffrey's Zoning Board of Adjustment and its Planning Board. Fortunately, the New Hampshire Legislature and the New Hampshire Supreme Court have set clear limits on the power of local town boards.
"The Forest Society and we will now take this case on appeal to the Supreme Court, where we are confident that the Court will affirm that Jaffrey's boards have exceeded their lawful authority."
10/8/2009: Judge upholds Van Dyke home plan -- the linked content at the Monadnock Ledger-Transcript is no longer available
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