The new dining hall the College plans to build next to the McLaughlin residential cluster requires a permit, the Hanover Zoning Board of Adjustment ruled late last week.
Dartmouth is located in a district of Hanover where the zoning board does not need to review facilities built for educational purposes. The College tried to circumvent zoning board review for the intended dining hall by arguing that the dining hall constitutes use as an educational facility, since it will overwhelmingly serve those involved with Dartmouth's educational purpose.
In deliberation on May 2, the board pointed out that this argument would remove all College property from the board's oversight, which contradicts the Hanover town ordinance that requires zoning board review of non-educational facilities such as restaurants and student residences.
"That would essentially negate the entire table of uses in the ... district, given that that district is almost entirely owned by Dartmouth itself," the Board stated in its written decision. "Again, the Board does not believe dining can be characterized as a primary 'educational' use."
Dartmouth issued a statement May 3, announcing that it will not appeal the zoning board's ruling.
"I have nothing to add," Steven M. Campbell, director of planning, design and construction, said.
Arthur Gardiner, the acting chair of the zoning board, said that this case only focuses on a procedural question and does not involve any fines for the College.
"[The College] would have to convince the zoning board that the use is consistent with the area and won't impose," Gardiner said.
The zoning board's ruling subjects the College to a multi-step process of approval for the dining hall. First, the College must file for a special exception permit from the zoning board. If successful, the College must submit their plans to the Hanover planning board, according to Zoning Administrator Judith Brotman, who offers professional advice to the board.
When the College first submitted plans for the McLaughlin residential cluster, Gardiner said that many neighbors objected to the new dorms. The zoning board approved the plans, however, having persuaded Dartmouth to reduce the size of the residences. The Dartmouth Office of Planning, Design and Construction wanted to avoid this type of review for the dining hall.
Despite media attempts to paint this issue as a classic town versus college controversy, Gardiner said, both opinions presented were very reasonable and did not harbor animosity between the two entities.
"There are places where the zoning ordinances aren't entirely clear," he said. "The Dartmouth position was very professionally presented in an appropriate and diplomatic way and the town respectfully disagreed."
In this case, Hanover attorney William Clauson represented the members of the Occom Pond Neighborhood association, while Dartmouth Associate General Counsel Ellen Arnold represented the College.
The plan for this new dining hall constitutes part of the College's master plan to keep the Dartmouth campus "forever new," as the plan was titled.
Presented in November 2000 by the plan's original designer Lo-Yi Chan, the College intended to complete the new dining hall and the McLaughlin residential cluster by 2005. However, economic downturn forced the construction project to be scaled back.
If special exemption is filed, Gardiner said, the board would consider noise and the amount of pedestrian traffic being generated by the dining hall to judge whether it would be a burden on the area.
