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Zoning board denies special exception to keep farm animals at 104 Chesley Hill Road
Summary
The zoning board denied a special-exception application to operate a small farm with livestock at 104 Chesley Hill Road, citing prior denials and case law that prohibits re-litigating the same request without a material change in circumstances.
The zoning board denied a special-exception application that would have allowed small livestock and one or two larger animals at 104 Chesley Hill Road.
The chair moved to deny Z26-3, citing Fisher v. City of Dover and saying the applicant had pursued similar relief earlier that was denied. "Because the applicant has previously asked for and been denied of keeping horses and goats, the zoning board cannot consider the matter again," the chair said.
Several members agreed there was no new information or a materially different use from the prior request. One member disagreed with the history presented but did not identify new evidence that would change the decision. On roll call, the board recorded four votes to deny and one vote to grant; the motion carried and the application was denied.
The denial means the applicant cannot pursue this special-exception relief without showing a material change in circumstances that would distinguish a future filing from the previously denied request. The board did not take up any alternative relief at the meeting.
The public hearing, testimony and final vote took place during the board's regular meeting; no further procedural steps were announced at the conclusion of the vote.
