Neighbor takes Rindge condo approval to court

  • Patricia Panciocco, of Panciocco Law, representing Dawn Dunbar, speaks during an appeal of a condominium complex on Dale Farm Road at the Zoning Board of Adjustment in May.  Staff photo by Ashley Saari—

Monadnock Ledger-Transcript
Published: 12/2/2019 5:26:15 PM

A Rindge Planning Board decision that paved the way for a condominium complex on Dale Farm Road is being appealed in Superior Court.

The Cheshire Superior Court held a hearing of merit on the case last week, after Dawn Dunbar, a neighbor of the project, filed the appeal earlier this year. Dunbar had appealed the Planning Board approval of the 27-condo project to the Planning Board in May, but was denied. The Superior Court is the next available resource to appeal the decision.

Barkley Enterprises was granted approval in March to build what the Rindge Zoning Ordinance refers to as a Planned Unit Residential Development, or PURD. The development includes 27 units on 42 acres of property on Dale Farm Road. The development relied on a variance granted by the Zoning Board to allow the development despite it having about 50 feet of road frontage, where 100 is required for PURDs.

In her appeal, Dunbar is challenging the frontage requirement, on grounds that Dale Farm Road isn’t a town maintained road – a requirement for PURDs. Her suit also claims the development is out of step with the town’s Master Plan, which favors a rural atmosphere, and with the Residential Agricultural District, which doesn’t allow multi-family dwellings. 

The town has denied these arguments and requested the court dismiss the appeal. 

 

Ashley Saari can be reached at 924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT. 


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