CHICHESTER BOARD OF ADJUSTMENT MINUTES
AUGUST 8, 2007
Case #210A-Motion For Rehearing on Map 2 Lot 24 owned by Ann Towle Fournier. Petitioner Gary Kerr is requesting a rehearing from the BOA’s denial of an area variance which was made on 6/20/07.
Members Present: Edward Meehan, Chairman; David Dobson; Ben Brown; Mark McIntosh; Tom Wainwright; & Richard Millette.
Voting: Ed Meehan, David Dobson, Ben Brown, Mark McIntosh & Tom Wainwright.
Petitioner Gary Kerr was also present.
This is a public meeting to determine if there is sufficient evidence in petitioner’s request to warrant a rehearing.
BOARD DISCUSSION
Ben Brown feels the basic contention of the petitioner is that the manufactured home’s existence for a long period of time makes for a unique condition of the property. He disagrees with this because it would imply that any piece of property in town that had a home on it for a certain period of time, legally or illegally, would fall under the same conditions. There is no time limit in the zoning pertaining to how long a mobile home can be used for an elderly residence, just that it has to be removed when it is no longer being used as one. Just because the mobile home has been there for a period of time doesn’t make it unique.
Tom Wainwright added that the zoning’s intent is not meant for a mobile home to stay on the property indefinitely.
Ed Meehan commented on the hardship issue. The property did have a grandfathered lot years ago when there were two individual lots. Subsequently, they were combined into one lot leaving two dwellings on the same lot. Grandfathering no longer applies for this lot. The original request was for an area variance to subdivide the lot and make a substandard lot for the mobile home, regardless if a home is on it or not.
It was questioned if Mr. Kerr could legally be asking for a rehearing on this property as he is not the owner. According to RSA 677, the Selectmen, any party to the action or any person directly affected has a right to appeal the BOA’s decision. Mr. Kerr is within his legal right to make this request.
David Dobson pointed out in the BOA Handbook that “the reasons for granting a rehearing should be compelling ones; the board has no right to reopen a case based on the same set of facts unless it is convinced that an injustice would otherwise be created but a rehearing should be seriously considered if the moving party is persuasive that the board has made a mistake.”
MOTION
Ben Brown moved to deny the request of Gary Kerr for a rehearing on Map 2 Lot 24 based on the board’s discussion and finding no errors or new evidence in the petition for rehearing. Motion was seconded by Tom Wainwright.
VOTE ON MOTION
Mark McIntosh – Yes
Edward Meehan – Yes
David Dobson – Yes
Ben Brown – Yes
Tom Wainwright – Yes
Motion carries 5-0. Request is denied.
Respectfully submitted,
Holly MacCleery, Secretary
Edward Meehan, Chairman
Chichester Board of Adjustment
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