DERRY — A local property owner will have to wait a bit longer for zoners to decide whether he can move forward on a plan to bring multi-housing to a quiet neighborhood.
After zoning changes and legal battles, Dr. Jonathan Sobel now seeks a variance to build two condo-style buildings — 21 units — on a 4.5-acre property he owns at 11 Wilson Ave.
Sobel has owned his Wilson Avenue property since 1985.
Last week, the Zoning Board continued a variance hearing until its next meeting so members could read over information submitted by Sobel's camp.
That information almost didn't make it to the board.
Sobel's attorney Sumner Kalman wrangled with officials right off the bat, saying he wanted to distribute additional information on Sobel's claim and why he should be allowed to build.
Zoning officials said no, citing deadline issues, but then changed their minds, prompting the continuance.
"It's not in our regulations that we have to accept any late materials," Zoning Board Chairman Alan Virr said.
Virr accused Kalman of "lecturing" the board.
"We don't need schooling, we've been to school," Virr said. "Everybody on this board has attended lectures."
But after meeting with legal counsel, Virr came back and said the board would accept the last minute information packets.
Sobel, an orthopedic surgeon, has fought to build his housing development for several years.
In 2010, residents in that area submitted a petition asking the town to change the zoning from Medium High Density Residential to Medium High Density Residential II, which excludes any multi-family or duplex housing.
The town approved the change, leaving Sobel no chance to build unless he got a variance from the Zoning Board.
"The applicant is a victim of spot zoning," Kalman said. "(There was) nothing developable about the property once the zoning change occurred."
Residents in that area like it that way.
"Twenty-one units is this particular neighborhood is too excessive," Wilson Avenue resident Erich Whitney said. "We do not believe this would be in keeping with the neighborhood."
Whitney's wife, Holly, told officials she feared for all the children living in the area and the extra traffic a large development would bring.
"Mr. Sobel doesn't even live here," she said. "I don't think it's a hardship for the orthopedic surgeon (if he can't build)."
Zoning officials agreed to continue the hearing and go over the information submitted by Sobel and Kalman.
After the meeting, Sobel declined to comment on the case, but said in earlier interviews he thought the town's earlier zoning decisions were "misguided.'
The next hearing is Feb. 16 at 7 p.m. at the municipal center.
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