CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
Case # 184 Ronald Wroblewski, Map 3 Lot 29A located on Route 4.
You are hereby notified that your request for an area variance has been granted by a majority vote of the Chichester BOA on 9/7/05.
It was moved and seconded to grant an area variance to the revised plan of Map 3 Lot 29A to Article III, Section P. c. Other Setbacks, to approximately 5600 sq. ft. of wetlands. Variance is encroaching on the 100’ buffer as well as filling in wetlands with all necessary state approvals 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 it is an allowed use in the commercial zone.
2. The granting of this variance would not be contrary to the public interest because this is an allowed use in the commercial zone.
3. a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed; this lot is a commercial/industrial piece of property which contains wetlands. Wetlands in the frontage area in the commercial zone will not allow full utilization of the property as proposed.
b. The same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because the wetlands reduce exposure of the owner’s product due to the inability to use frontage on Dover Road for sales and display.
4. By granting this variance substantial justice would be done because this is a commercial lot and frontage is a valuable commodity. This variance would provide an improved use of the lot.
5. The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because the proposed plan is a compromise between the intent of the ordinance and optimal use by the petitioner of the commercial road frontage as suggested by the Master Plan.
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Edward Meehan, Chairman
Chichester Board of Adjustment
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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 30days from the date decision was made. See NHRSA 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 9/13/05. Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.
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