Stratham Zoning Board gives green light to 59 condos near Exeter town line

STRATHAM — A developer’s plan to build 59 condos on the Stratham-Exeter town line is moving forward.

The Zoning Board of Adjustment voted unanimously Tuesday, Jan. 9, to grant developer Michael Green, of Green & Company, a variance allowing single-family housing in a commercial zone at 13 and 15 Stoney Brook Lane.

The decision followed feedback from the Rockingham Planning Commission, which stated in a Jan. 9 report to the board that “the overall addition of housing is generally considered a positive regional impact.”

The land at 13 and 15 Stoney Brook Lane is a 77-acre property located off Route 108 past the Route 101 interchange going towards Exeter. The project calls for 59 stand-alone, three-bedroom condos with a deck attached to each unit. The condos will look similar to a single-family house but have all the perks of condominium ownership, such as private roads and full maintenance service.

The development would rely on private water wells and septic tanks.

Representing Green & Company, attorney Tim Phoenix echoed previous statements to the board at a prior meeting that the proposed project is “the best use of land.”

“This property has been there in its existing conditions, wooded with a dilapidated home on it for as long as I can remember,” said Phoenix. “…If there was a viable commercial use for this, it would have been done.”

The ZBA approved the variance under the condition the project must break ground within two years, or six months after site plan approval from the town’s Planning Board.

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Resident calls for project to be rejected

Stratham resident Drew Goddard, who strongly spoke out against the project at the previous meeting, requested the board reject the variance request.

He called the project a “big leap” that doesn’t align with the town’s future goals.

“It’s not about today, it’s not about yesterday, it’s not about this year or next year, it’s about 10 years, 18 years, 20 years, 30 years,” Goddard said. “The residents of the town decided that this (commercial) is what’s the highest and best use for the town for the future.”

Goddard, founder of real estate development company Copley Properties, said he is not against development.

“If anything, I’m pro-development,” he said.

However, Goddard said Green & Company’s project does not meet the five criteria for a variance, including “unnecessary hardship.”

“There’s no hardship to a residential developer that buys land a year ago and hopes to convince a board and a town to try to turn it from commercial to residential,” he said. “That’s not a hardship, that’s just a bad buy, should’ve known what you bought.”

Goddard said that any zoning changes to the area should go before voters at the annual Town Meeting as it could impact taxpayers in the future.

“I do believe losing a commercial zone parcel for the town could hurt our tax rates and values,” he said.

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Developer makes case for zoning relief

Green said the “dilapidated” area has been undeveloped for a long time. If there was an opportunity for commercial development, he said, it would’ve been done.

The property is "significantly constrained" by Route 101 to the north, the Squamscott River and its tributaries to the west and south with onsite wetlands and associated buffers. The application for a variance states that the land, although close to commercial properties, is separated by a major highway and an existing residential neighborhood.

While the land is near existing commercial properties, the application notes the property is separated by a major highway and an existing residential neighborhood.

"The uses closest to the proposed development area are all developed with existing, modest single-family residences," the application notes.

Additionally, Green said he is only requesting a variance for single-family use as compared to a multifamily or a duplex, which would allow for more housing units.

“We’re not coming here asking for higher density,” said Green. “…it’s rare that you have a developer asking for less.”

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Plans for 59 condos to go before Planning Board

Green & Company’s project will now go before the Planning Board. The project will also require state Department of Environmental Services approval for the two proposed public water supply wells to service the development.

This is the third iteration for residential development at the location. The first two proposals didn’t go anywhere due to the need for water and sewer from the town of Exeter. One was for 400-plus housing units and another for 128 townhouses.

While the developer had conversations with Exeter officials about the potential to tie into that town’s water and sewer system, it was “determined neither sewer or water are feasible at this time.”

This article originally appeared on Portsmouth Herald: Stratham development: Developer wins zoning relief for 59 condos