ROBINSON-Notice of Decision

Posted on: June 20, 2022 - 9:38am

NOTICE OF DECISION

ZONING BOARD OF ADJUSTMENT TOWN OF ANDOVER, NEW HAMPSHIRE

You are hereby notified that the request [application dated April 1, 2022] of Nicholas C. Robinson[1] for a Special Exception for property located in the Forest and Agricultural District (Zone FA) at 112 US Route Route 4A, Tax Map 28, Lot 386,337  under Section IX (D)(1) of the Andover Zoning Ordinance to use property for “a landscape shop and business” is DENIED.

Following review of the information provided by the applicant, and testimony given by the applicant, a real estate agent, abutters, members of the Andover Conservation Commission, and the public, the ZBA voted 2-1 to grant the Special Exception application. However, as previously stated on April 19, 2022, all three (3) ZBA Board Members had to vote in ‘favor’ of this Application for the Special Exception to be granted.

There were formal meetings on this application on April 19, 2022 (Dickinson, Stearns and Newcomb present); April 22, 2022 (Stearns and Newcomb present); and June 7, 2022 (Stearns and Newcomb present; Dickinson participated telephonically). A scheduled hearing on May 17, 2022 (continued on of the April 19, 2022 hearing) was continued as only two (2) ZBA Board Members eligible to act on the application were present on May,17, 2022.

As relayed to the Applicant on April 19, 2022 there were three (3) ZBA Board Members present to consider the application on April 19, 2022 and ALL three (3) ZBA Board Members would have to vote in favor of the application. On June 7, 2022, two (2) ZBA

Board Members voted in favor of the application as meeting all the requirements of Article IX, (D)(1) Special Exceptions subject to all other state, municipal and conservation requirements. However, one (1) ZBA Board Member voted against the application as failing to meet the requirements of Article IX(D)(1) Special Exception(s).

Andover Zoning Board of Adjustment – June 13, 2022

 

[1] with written permission of current owners of the real estate dated March 15, 2022.

TOWN OF ANDOVER