BY MATT HERSH

A Salem doctor and landowner has filed a lawsuit against the town in an attempt to overturn two zoning ordinances approved at Town Meeting in March.

The ordinances, which were designed to protect Salem’s 100-year flood plain, have been the subject of discussion since they were approved because they limit what landowners can do with construction.

The lawsuit was filed in Rockingham County Superior Court by Dr. Robert Hannon. In May, Hannon also petitioned selectmen to approve a special session of Town meeting so voters could reconsider the ordinances.  Selectmen unanimously denied the request.

Hannon is the owner of an office complex at 23 Stiles Road on a 4-acre lot. There, the new ordinances prevent him from expanding his buildings.  He also owns a nearby 26-acre site that is not affected by the ordinances.

One ordinance bans all new construction within the flood plain. It passed easily by a vote of 2,491 to 719.

The other article requires that landowners create twice as much space for flood mitigation than they took away by developing. It passed by a vote of 2,057 to 1,049. This applies to owners who already have development within the flood plain. Under the new ordinance, they are still allowed to expand their businesses and residences.

The two ordinances were drafted by members of the Planning Board and Conservation Commission. They were heavily supported by members of the Haigh Avenue community where heavy flooding and subsequent property damage has occurred over the past decade.

A 100-year flood is one of such severity that it only occurs once every century.  Salem experienced this type of flood in May 2006.

Despite the problems that flooding has caused in town, Hannon said he believes the ordinances will do nothing to help the situation.

Last month, he told selectmen that the town had no scientific proof that their efforts would have any effect.

Hannon also said that voters were misled in March because insufficient information was provided on the ballots.

“We think the vote was based on inaccurate or misleading information,” said David Rayment, Hannon’s lawyer, at a selectmen’s meeting in May.  “The public was confused about what the effect of these amendments are.”

Hannon has asked a judge to decide on the ordinances without holding a hearing. Town officials are expected to file a response by August.