The Jaffrey Zoning Board unanimously denied a request for a rehearing on a proposed 16-unit cluster development that the board rejected last month.

The application, submitted by Fougere Homes, proposed 16 condominium units at 79 Town Farm Road, a 24.7-acre lot that currently has one home and some outbuildings. The applicant proposed that rather than build the six homes allowed by the town’s density calculator, clustering the buildings at the front of the property and building 16.

The board denied a variance that would have allowed that greater density, finding the application did not meet the criteria showing that denying the variance would cause “unnecessary hardship.” The board ultimately found that there was nothing to prevent the property from being developed in the usual way, one of the standards in deciding whether there is hardship.

Fougere Homes appealed the decision, arguing that the board misapplied the law surrounding the “unnecessary hardship” criteria. The applicant argued the board must first determine whether a hardship exists when special conditions of a property render the use sought as “reasonable.”

The applicant argued that the board did not establish that primary standard, and based its decision on a secondary standard – that due to special conditions on the property, it cannot be reasonably used in strict conformance with the town’s ordinance.

Fougere Homes argued that second standard should only come into play if the town finds the first isn’t met, and argued that the board “did not conduct a proper evaluation under the primary standard in this case.” The applicant argued that the special shape of the property – a skinny access point creating a “flagpole” shape, and about a quarter of the property covered in wetlands – created unique circumstances that should have been considered.

The board disagreed with the arguments put forth in the appeal, and denied it. Board members said they did not find the conditions of the property to be wholly unique when compared to others in town.

“There were multiple multi-shaped properties in that area, and most, if not all, have wetland issues,” said ZBA member Walter Batchelder.

“I don’t think we erred finding there was no hardship. That’s where I come out on this,” said ZBA member David Jeffries.

The board denied the appeal unanimously. The applicant has 30 days to further appeal the decision to Superior Court.