CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
Case #194 Russell R. Abbott/James L. Fedolfi Map 3 Lot 32 request for an area variance to Article III, Section P. c. to permit building of a structure within the 100’ wetland setback has been granted at the 1/25/06 meeting 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 there is already an existing business presently on the property and the proposed business will increase the property value and have no negative impact to surrounding properties.
2. The granting of this variance would not be contrary to the public interest because the property is in the commercial zone and the proposed use will be similar to its neighbors, and because of the expansion of an already existing business within the commercial/industrial zone. The proposed use is allowed in this zone and there would be minimal impact to the wetlands.
3. a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed; a gravel driveway is currently on the property, structural walls within the existing building which can’t be moved, and the footprint of the proposed building is significantly smaller than the footprint of the existing concrete pad in the wetland setback.
b. The same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because the proposed rear addition can’t be slid out of the wetland setback because it aligns with the interior walls of the existing building. The side addition can’t be slid out of the wetland setback because it conflicts with the setback from Route 4.
4. By granting this variance substantial justice would be done because the proposed additions would allow for the reasonable expansion of an existing commercial property.
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 footprint of the proposed building is significantly smaller than the footprint of the existing concrete pad in the wetland setback and there would be minimal impact to the wetlands.
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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 NH RSA, 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 ZBA on 1/30/06. Copies of this notice have been distributed to the applicant, Planning Board, Selectmen, Town Clerk, and Building Inspector.
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