STRATHAM — A developer’s plan to build 59 condos on the Stratham-Exeter town line is moving forward despite concerns raised by town officials.
The town’s Zoning Board voted 3-2 Tuesday to deny the Select Board’s request for a rehearing of its decision to grant a variance for the project at 13-15 Stoney Brook Lane. The Zoning Board approved a variance to allow single-family housing on the commercial-zoned 77-acre property on Jan. 9.
The Select Board had argued that the developer, Michael Green of Green & Company, failed to meet “several” of the five criteria needed for a variance to be granted. They noted the land, located off Route 108 past the Route 101 interchange going towards Exeter, was zoned commercial with the hopes of attracting a hotel, conference center, restaurant or entertainment complex.
ZBA member Frank MacMillan said Tuesday state law requires a rehearing be granted, “only if the petitioner has new relevant evidence to submit, new relevant legal issues that are not considered prejudicial, technical, or a legal error in the original decision.”
He said the Select Board failed to present new evidence to warrant a rehearing.
MacMillan, along with Zoning Board Chair Drew Pierce and Bruno Frederico, voted to reject the Select Board's rehearing request. Voting in favor of the rehearing was Brent Eastwood and Jameson Paine.
Zoning Board members split on Select Board request
Zoning Board member alternate Lucy Cushman supported the rehearing stating the land was specifically zoned for commercial uses.
While she was allowed to speak, she was not allowed to vote, as the full board was in attendance.
“To see the impact of 59 houses… in the area where the town has voted not to have single-family homes, seems to me like an overreach,” she said. “I can’t believe that this is the only thing that could happen here, I just see the area around it as commercial.”
Cushman said for the ZBA to go against what residents voted for seems “illegal” and “shortsighted.”
Previously, one of the determining factors for the ZBA to approve the variance was based on a letter of support from the Rockingham Planning Commission, which stated that any additional housing would have “a positive impact” on the region.
Cushman, who is the Stratham representative on the RPC, said there was no discussion regarding the matter. She said the letter of support merely was a “staff response to the request.”
“They really didn’t go into an in-depth study of whether this would be a good place for single-family homes… there’s not enough information… there’s no traffic study,” she added.
ZBA member Jameson Paine agreed with Cushman.
“This piece of property is zoned as commercial,” he said.
One of the arguments made by Green & Company in support of the variance was that the abutting neighboring properties were modest single-family residences.
“To hang your hat on existing residential in the area doesn’t necessarily speak to the intended use of property that the community has voted on,” Paine said.
Zoning Board members say rehearing not warranted
MacMillan pointed out that both Cushman and Paine’s points were discussed during the original hearing, and therefore not considered “new evidence.”
ZBA member Bruno Frederico said that Stratham residents rejected in 2018 bringing water and sewer from Exeter to help spur commercial development in that area. They also rejected, he said, creating a TIF (tax increment financing) district in 2020, which would have helped bring businesses to the town.
“I’m kind of perplexed as to comments saying that we’re changing the zoning when we’re granting relief to an applicant,” he said. “We’re granting relief to an applicant… I don’t see how commercial is going to be developed in that area with all that wetland.”
At previous meetings, Green & Company attorney Tim Phoenix said the “dilapidated” area has been undeveloped for a long time.
He noted if there were viable commercial uses for the property, “it would have been done.”
As part of the original approval of the variance, Green & Company must break ground within two years, or six months after site plan approval from the town’s Planning Board.
The project calls for 59 standalone, three-bedroom condos with a deck attached to each unit.
The condos will look similar to a single-family house but have all the perks of condominium ownership, such as private roads and full maintenance service.
The development would rely on private water wells and septic tanks.
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