Samson Associates, LLC has proposed a Variance for property located at 32 Optical Ave. They are requesting to permit self-storage units within a lot that is not permitted per Chapter 100, Article 6.3.5 of The City of Keene Zoning Regulations. If approved, this will permit Samson Associates, LLC. to build the self-storage units within 200-ft of neighboring residential properties. In addition, they are proposing a Variance at the same address to permit the use of a fueling station that is not permitted per Chapter 100, Article 6.3.5 of The City of Keene Zoning Regulations. 

There is a public hearing to be held on March 6th, 2023 at 6:00pm in City Hall Council Chambers, 2nd floor, 3 Washington St, Keene NH. I urge anyone willing to stop this Variance to attend. The allowance to re-zone this land will affect surrounding property values in a negative manner, disrupt the local wildlife, as well as invite unwanted traffic to the area.

The statute has always required an applicant to establish four criteria to obtain a variance:

1. The variance will not be contrary to the public interest;
2. owing to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship;
3. the spirit of the ordinance will be observed; and 
4. substantial justice will be done.

The State of NH Supreme Court, in an act of pure judicial legislation, added a fifth in once if its early decisions:

5. The variance would not diminish the value of surrounding properties. 

The statute requires all of the criteria to be satisfied; thus, if the applicant fails to satisfy any one of them, the variance cannot be granted. At this time Samson Associates, LLC. is in direct violation of this statute.