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Author Topic: ET - Londonderry zoning board to reconsider house built too close to line  (Read 1044 times)
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« on: October 07, 2009, 12:19:39 PM »

from the Eagle Tribune

Londonderry zoning board to reconsider house built too close to line
By Eric Parry
October 06, 2009 02:09 am

LONDONDERRY — Scobie Pond homeowner Robert Cook will have a second chance to plead with planners to keep his home standing, even though it was constructed too close to his neighbor's property.

At an emergency meeting Friday night, the zoning board approved letting Cook appeal its earlier decision that he would have to tear down part of his 38 Brewster Road home.

Cook's appeal will be heard at a meeting Oct. 21, according to Jaye Trottier, the board's secretary.

If the board upholds its previous decision, Cook still could appeal to Rockingham County Superior Court.

Cook was denied a waiver by the zoning board in August, two months after his split-level, two-bedroom house was built.

Eric Holland, the owner of 36 Brewster Road, said his neighbor's house has devalued his three-room, bungalow-style home by about $40,000. His property also has suffered drainage problems as a result of Cook's construction, Holland said.

Holland attended Friday's meeting, but the public was not allowed to speak.

Building Inspector Richard Canuel said Cook's home is about 3 feet too close to the property line. But Holland said if the wraparound deck and air conditioning units are factored in, it's a lot closer to the lot line than just 3 feet.

"It's 11 feet over what it should be," Holland said.

He said he's concerned if the August decision is overturned, it will make it easier for other developers to get away with building homes illegally.

"It will set a precedent," Holland said.

Londonderry's zoning regulations require a home to be built a minimum of 15 feet from the lot line.

The state Department of Environmental Services investigated an alleged wetlands permit violation involving the beach behind Cook's house. But Cook was mailed a letter yesterday saying there were no violations, according to Jim Martin, DES spokesman.

The permit allowed Cook to build a 900-square-foot beach with no more than 10 cubic yards of sand.

The meeting Oct. 21 will be at 7 p.m. in Town Hall.

Glenn Douglas
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