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Judge rules against ZBA over proposed Swanzey development

A proposed apartment complex killed off by Swanzey’s Zoning Board of Adjustment may be coming back after a judge deemed that the board acted illegally to deny an appeal to the project. Cheshire Superior Court Judge David Ruoff vacated the Swanzey Zoning Board of Adjustment’s spring decision to deny an appeal on a special exemption hearing to Avanru Development Group, saying that the board gave too much weight to public sentiment opposed to the housing development. “Boards undoubtedly must give public comments weight as they reflect public interest. But zoning proceedings are not popularity contests,” Ruoff wrote. Jack Franks, president and CEO of Avanru Development Group, is hopeful he will still be able to build the project, which he said is needed because of the affordable housing crisis in the state.

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