Henniker Zoning Board of Adjustment (ZBA) minutes from Wednesday April 19, 2017 indicate some very interesting and contradictory statements were made by Mr. Dan Higginson, a Planning Board member and agent for the homeowners on Hillside Drive who petitioned the ZBA for a Variance;
- “Dan Higginson explains the lot line and the plan that he planned for the applicant. Stated that both land owners agree on this and instead of having to bring this to court and spend there time and money, they are hoping the ZBA approves variance for there application.Nothing will change within landscape or adjustment of houses. Everything will stay as is,just the lot line will change. The land owners are asking to do this because in the future if they plan to sell the house the bank wont [sic] grant remortage [sic] due to trespassing over 20 years. Banks will do title search and deny the land owner.”[emphasis added] (read here)
Yet on Monday April 17, 2017, just two days before Mr. Higginson’s mortgage comments, the owners of the Hillside Drive property (Exhibit A: Lot A-17 on Plan #5575 as recorded on December 12, 1978) recorded a Mortgage Lien in the Merrimack County Recorders Office. HILLSIDE DRIVE 142 A-17 2017 MORTGAGE
Merrimack County Savings Bank granted a mortgage on February 17, 2017, using the property’s description as recorded from 1978: Exhibit A and without the variance. Thus rendering Mr. Higginson’s claims about bank mortgages false.
Why did the ZBA grant a variance for a lot line adjustment that actually cure a trespass? NH RSA 674:33 I sets forth the 5 criteria necessary for granting a variance. (read here)
In this case the primary element for RSA 674:33 I (b) 5 A-B were never met. (read here)
The people of Henniker deserve better. All officials, whether elected or appointed, take an oath to uphold certain standards of conduct and the law. Should this type of behavior be tolerated?
OHB feels that the Henniker ZBA owes us an explanation!
What say you?
OHB…keeping it real… making it easier for you to find the facts so you can draw your own conclusions…..