Agenda - Planning Commission - 08/05/2010

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May 25, 2010 I Volume 4 No. 10 Zoning Bulletin tial use on standard lots; and (2) residential use on substandard lots. The court found that, under Ordinance 1799: the building height regulations for one -family dwellings on standard lots in the R1-B zoning district were applied identically; and the building height regulations for one -fam- ily dwellings on substandard lots in the R1-B zoning district were ap- plied identically. Accordingly, the court concluded that Ordinance 1799 did not violate the Uniformity Requirement. See also: Bell v. City Council of City of Charlottesville, 224 Va. 490, 297 S.E.2d 810 (1982). Case Note: Schefer had also asserted an equal protection challenge to Ordinance 1799. He contended that Ordinance 1799 was "facial- ly discriminatory and, thus, unconstitutional on its face." The court found that Schefer failed to meet his burden of offering evidence of the unreasonableness of Ordinance 1799. Finding Ordinance 1799 was "not inherently suspect" and did "not infringe upon the exer- cise of a fundamental right," the court rejected Schefer's assertion that it was facially discriminatory. Procedures —Planning Board denies landowner's special permit application under wetlands ordinance Landowner contends Board's meeting minutes fail to provide "adequate statement" for denial Citation: Motorsports Holdings, LLC v. Town of Tamworth, 2010 WL 1407604 (N.H. 2010) NEW HAMPSHIRE (04/09/10)—This case addressed the issue of whether a planning board adequately provided grounds for its decision in accordance with state law. The Background/Facts: Motorsports Holdings, LLC ("Motorsports") owned approximately 250 acres of land in the town. On that land, Mo- torsports sought to build a private country club and motorsports facil- ity (the "Project"). Construction of the Project would affect at least 16 distinct wetland areas. Motorsports obtained,necessary state and federal permits. Under a separate court ruling, it was also obligated to obtain a special use permit under the town's Wetlands Conservation Ordinance ("WCO"). Motorsports applied to the town for a special use permit under the WCO. Both the planning board (the "Board") and the town's conservation commission reviewed Motorsports' application at a series of meetings during the fall of 2006. Eventually, on November 8, 2006, the Board 4 © 2010 Thomson Reuters 152