Zoning board lets stand project's OK

March 07, 1995|By Anne Haddad | Anne Haddad,Sun Staff Writer

The Hampstead Board of Zoning Appeals denied two appeals involving North Carroll Farms last night, leaving the project just as the town's Planning and Zoning Commission approved it in August.

One appeal was from residents who oppose the development at the north end of town because, they say, local roads and schools already are crowded. The second was an appeal by developer Martin K. P. Hill, who wanted the 50-lot-per-year development limit lifted.

The appeals board said no to both sides.

But the three-member panel stopped short of making a statement on how the town's adequate facilities ordinance should be applied. Board members said establishing and enforcing those criteria is the planning commission's job.

Hampstead's adequate facilities ordinance says the commission may delay or deny a subdivision if any of the services required to support it -- such as fire protection, water, sewer, schools and roads -- are inadequate.

The board voted 2-1, with Denise Justus dissenting, to deny the residents' appeal on grounds that they had no standing to file it.

Board Chairman Gary Bauer said the facilities issue was being addressed, and he and board member Jim Rock said the appellants would not be harmed any more than the general public by the development.

Thomas Gisriel, the residents' lawyer, contended that they are harmed as taxpayers and parents of schoolchildren.

Ms. Justus agreed, saying the residents are property owners and, thus, would be directly affected by the development. She said straining town facilities affects property owners even if they are not adjacent to the development.

Mr. Hill said last night that he could live with the limit and probably would put up 30 or 40 houses a year in the development.

The board ruled 2-1 in January that residents who appealed the Westwood Park approval had no right to do so, also because they were no more aggrieved than any other Hampstead residents.

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