Forest Society to Defend Mountain Zone in NH Supreme Court
The Society for the Protection of New Hampshire Forests, in concert with the Citizens for the Protection of Mount Monadnock, will appeal a recent decision by Cheshire County Superior Court Judge Philip Magones that allows a large new housing development in a specially designated zone designed to limit development at the base of Mount Monadnock. The judge upheld a Jaffrey planning board decision to approve the development.
The Superior Court decision gives the green light to a new development that will locate 28 single family homes on 17 acres of land located within the Jaffrey designated “Mountain Zone.” This represents a 100 percent increase in housing density anticipated by the Mountain Zone ordinance. The Mountain Zone, which has been on the town’s books for more than 16 years, was approved by Jaffrey voters to protect wetland wildlife and maintain safe water conditions at the base of Mount Monadnock. The towns of Dublin, Marlborough and Troy have each adopted a similar Mountain Zone ordinance with the same goal of conserving the Mount Monadnock landscape.
“The Superior Court decision has the effect of reversing the vote made by Jaffrey residents to minimize development in the Mountain Zone,” said Forest Society Vice President of Policy and Land Management Will Abbott. “The Forest Society and the Citizens group are pursuing this appeal to the Supreme Court to restore the intent of the original vote establishing the Mountain Zone: to properly steward the Mount Monadnock landscape.”
“We believe that the variances and related decisions which have enabled this radical departure from the norm go far beyond the legal authority of Jaffrey's Zoning Board of Adjustment and its Planning Board,” said Charles Royce, head of the local citizen’s group fighting the proposed development. “Fortunately, the New Hampshire Legislature and the New Hampshire Supreme Court have set clear limits on the power of local town boards.”
Founded in 1901, the Society for the Protection of New Hampshire Forests is the state’s oldest and largest non-profit land conservation organization. Supported by 10,000 families and businesses, the Forest Society’s mission is to perpetuate the state’s forests by promoting land conservation and sustainable forestry. For more information, visit www.forestsociety.org.