This is a story about two non-conforming Lots, a few emails and opinions, changing an ordinance and voila…two houses (one finished and one currently being built) and no one is the wiser.
January 25, 2012 town hall receives a application for a demolition permit for Lot 436-A. 436-A DEMOLITION PERMIT04182017 Upon filing the application, the owner inquires if two homes could be built on the lot.
A note dated January 26, 2012, was placed in the Demolition Application file from Planning Consultant Mark Fougere, page 17;
- Mr. Fougere states that after speaking with Town Counsel Bart Mayer it is determined that two homes cannot be built. Only one home can be built.
- Town ordinance when adopted did not provide language for the development of non-conforming lots.
Demolition permit issued March 15, 2012.
Then on September 13, 2012, on Planning Board stationary and without any application before the board, Mr. Fougere writes a Zoning Opinion, that contradicts Town Counsel’s opinion found in file note dated January 26, 2012 and states that both properties can be built upon. FOUGERE ZONING OPINION 2012
Why the sudden change in opinion and why the need for this document?
At the Planning Board meeting on September 26, 2012, Mr. Fougere begins discussions with the Planning Board to amend Henniker’s Zoning Ordinance to amend Article XVI Section,(item C page 2) (read here).
A second hearing was held on October 10, 2012 and the amendment was discussed. Pay close attention to how the amendment mirrors his Zoning Opinion that was sent to the owner of Lot 436-A on September 13, 2012, FOUGERE ZONING OPINION 2012
Then on voting day March 12, 2013, the town passed Warrant Article 2 and just like that everyone gets happy, page 15 (read here)
Or do they?
Not so fast folks…Read Henniker’s Zoning Ordinance Section 133-70, page 39, (read here)
Part II: A discussion regarding Grandfathering…could the walls come tumbling down?
OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..