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Zoning board approves variance to allow single‑family house in business district, adds FAA review condition
Summary
The Swanzey Zoning Board of Adjustment approved a variance (ZBA26-005) allowing a single‑family residence on a business‑zoned parcel that is accessed from Keene. Approval includes conditions: completion of the FAA notice‑requirement tool before a building permit and a recorded airport‑noise disclosure on the town tax card.
The Town of Swanzey Zoning Board of Adjustment on July 20 approved a variance (ZBA26‑005) allowing residential use on a parcel currently zoned for business (Tax Map 205, Lot 2). The board found the five statutory variance criteria met and attached conditions intended to protect both the future owner and the nearby Keene airport.
Planning staff had urged care in framing conditions because the lot is physically accessed from Keene but lies in Swanzey. The applicant’s surveyor, Wendy Pelletier of Cardinal Surveying, described a single dry buildable spot constrained by wetlands and floodplain, and said the proposed slab would be “more than a foot, foot and a half above the BFE,” which enables flood insurance and code compliance. The board heard that the only practical driveway access is from Silent Way in Keene.
Ryan Cooley, director of the City of Keene’s Dillon‑Hopkins Airport, urged the board to require airport‑compatibility steps, including FAA Part 77/notice screening and a recorded disclosure about potential aircraft noise and overflight. Cooley said the city ‘‘recognizes Swanzey’s authority over its land‑use decisions’’ but asked the board to consider compatibility and navigation‑safety protections. The board adopted two conditions the airport recommended: completion of the FAA notice‑requirement tool before issuance of a building permit and a notation on the municipal tax/property card disclosing proximity to an active public use airport.
Board members debated whether items such as emergency service dispatch or assessor jurisdiction were within the board’s authority. Members concluded those downstream questions would be resolved by assessors, mutual‑aid arrangements and code enforcement; the ZBA limited its conditions to FAA/airport‑compatibility items. After deliberation the motion to grant the variance with the stated conditions was seconded and approved by voice vote.
The board’s approval is tied to the property and not to the current owner; members noted the variance runs with the land and urged clear notice for future buyers. Planning staff said they will send a letter summarizing the approvals and conditions to the applicant and file the required documentation with the town records.
