CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
Case # 172-A & 173-A
You are hereby notified that the request for an “area” VARIANCE for driveway access to Lot 77-11 by Mr. James Mullaney regarding section P-wetlands, Article III of the zoning ordinance has been GRANTED by the affirmative vote of at least three members of the zoning board of adjustment.
Ben Brown motioned to grant an area variance on Lot 77-11 for the traveled surface of a driveway to be within 12’ of Lot 77-12 through the wetland buffer for the following reasons:
1. There would not be a diminution in value of surrounding properties as a result of the granting of this variance because having a driveway would not diminish the surrounding property values.
2. The granting of this variance would not be contrary to the public interest because it would not have a significant affect on the low impact wetlands.
3 (B)(1) An area variance is needed to enable the applicant’s proposed use of the property in order to provide access to the property.
(B)(2) The benefit sought by the applicant cannot be achieved by some other method reasonably feasible because adjusting lot lines is not feasible to the applicant.
4. By granting this variance substantial justice would be done because it allows access to a lot approved by the Planning Board.
5. The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because it would have minimal impact on the low impact wetlands.
Motion was seconded by Mark McIntosh.
Vote was 4-1 in favor of the motion.
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Edward Meehan, Chairman
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Date
The selectmen, any party to the action of any person directly affected has a right to appeal this decision within 30 days of the date of public hearing, (12/29/04). See NH RSA Chapter 677, available at the Town Hall. This notice has been placed on file and made available for public inspection in the records of the ZBA on 1/3/05. Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.
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