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Jaffrey ZBA denies plan to split 17.9-acre lot into three nonconforming parcels
Summary
The Zoning Board of Adjustment rejected Mark Cota’s proposal to subdivide a 17.9-acre Rural District parcel into three nonconforming lots, ruling the application failed four of five variance criteria; the denial was unanimous (5-0-0).
The Town of Jaffrey Zoning Board of Adjustment voted 5-0-0 on May 5 to deny a variance that would have allowed Mark and Michelle Cota to subdivide a 17.9-acre Rural District parcel at 8 Peace Drive into three nonconforming lots.
Board members said the proposal relied on outdated zoning allowances and would convert a currently conforming lot into multiple nonconforming parcels. Chair Walter Batchelder and Member Laurel McKenzie both noted the applicant could accomplish his goal with fewer variances by pursuing a two-lot subdivision to create a building lot for his son while preserving the back acreage. The minimum lot size in the Rural District is three acres; the application proposed two lots under that minimum and one interior lot served by an existing right-of-way instead of the required 50 feet of frontage.
During deliberations the Board considered the five statutory variance criteria and found the application did not meet the public-interest or spirit-of-the-ordinance tests and failed to show the required hardship. Member Carl Jevne called the request “excessive,” citing the number of variances and driveway concerns; Member Laurel McKenzie highlighted Planning Board concerns about deed restrictions and potential future development of the back lot. Code Enforcement/Building Inspector Rob Deschenes confirmed the back lot development was not currently proposed but could be a future issue under the layout presented.
Applicant Mark Cota reacted to the denial by saying he would not pursue further revision immediately: “I'm going to put the property up for sale and sell it to a big-time developer and put a big road out in the back and have them carve it right up. It's tough on my son, but for me, I'm just going to ride the cash cow and get paid.” He added, “I totally respect your decision, I have no issue at all, I'm just telling you what's gonna happen.”
The Board’s formal findings note the lot is in the Rural District without town water or sewer, Peace Road is a private driveway, and the minimum lot size requirement is three acres. The denial motion (McKenzie, second Tieger) carried 5-0-0. The applicant may revise and return with a different plan or pursue other options outside the variance requested.
Next steps: the record shows the ZBA denied ZBA 26-06; the applicant was advised the Board had offered alternatives during deliberations.
