CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
It was moved and seconded on December 14, 2005 to grant the area variance requested by Donald Peterman/Patricia Karagezian, Map 4 Lot 158, located on Route 4 to Article III, Section P. c. to permit the construction of site improvements within the existing 100’ buffer from off-site wetlands with the condition to add drainage swales or equivalent to reduce the impact of snow melt on the southeast portion of the property 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 the existing abutting properties and their uses are within the commercial zone and the proposed use will be similar with respect to the neighbors.
2. The granting of this variance would not be contrary to the public interest because the applicant is attempting to improve the existing site conditions and provide better public/
private use of the site.
3. a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed; it appears that slightly ½ of the property is inside the 100’ buffer making this lot extremely limited in its usage. A very small amount of the actual wetlands are on this property. The impact to this lot is very minimal.
b. The same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because there is limited available land that does not have wetlands and the adjacent property already has a current business.
4. By granting this variance substantial justice would be done because it would allow doubling the use of the property giving it ample usage without adverse affects to the wetland.
5. The contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because the current septic is being moved outside of the wetland buffer and the wetlands sit on the adjacent lots. The drainage considerations shown on the plan as well as the conditional drainage swales, as made in motion, keep this variance within the spirit of the ordinance.
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Edward Meehan, Chairman
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Date
NOTE: The Selectmen, any party to the action or any person directly affected has a right to appeal this decision within 30 days. See NHRSA Chapter 677, available at the Selectmen’s office. This notice has been placed on file and made available for public inspection in the records of the BOA on 12/19/05. Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.
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