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Derry

February 22, 2012

Derry zoners deny variance for 21 condos

DERRY — The battle over zoning in a well-established neighborhood continued last week. Zoning officials refused to grant a variance for a local doctor to build 21 condos off Wilson Avenue.

Dr. Jonathan Sobel wants to build two condo-style buildings — 21 units — on a 4.5-acre property he owns on Wilson Avenue.

Last week, the Zoning Board of Adjustment denied Sobel's request for a variance to build.

Sobel, an orthopedic surgeon, has fought to build his housing development for several years. He has owned the property since 1985.

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 that change, leaving Sobel no chance to build unless he got a variance from the zoning board.

Residents living on Wilson Avenue and nearby Oak Street said they had concerns about Sobel's plan.

Blanche Garone, wife of police Chief Ed Garone, said if Sobel were allowed to build, the neighborhood's character would change.

"We were pretty well assured our surroundings would remain when we bought our house," she said.

Wilson Avenue resident Maureen Glazier said she would hate to see multi-family housing, adding more traffic and congestion.

"I enjoy the freedom of walking in my neighborhood without the traffic," she said.

Zoning Board Chairman Alan Virr said Sobel hadn't met the five criteria necessary to earn a variance.

"And 98 percent of the residents (in that area) signed that petition," Virr said. "I think that's a powerful statement."

After the meeting, Sobel said the change in zoning in 2010 came about during a time when the town knew full well of his plan to build multi-housing units in that area.

"We were in there four years prior to this," he said.

With no variance in hand, Sobel said he may consider asking for a rehearing after discussions with his legal team.

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