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Board of Adjustment Minutes 03/21/2012
Town of Chichester
Zoning Board of Adjustment
Minutes of Meeting
March 21, 2012

Members Present:   Chairman Mark McIntosh, Benjamin Brown, David Dobson, Richard Millette, D Michael Paveglio, and Secretary Jamie A Pike.

Others present:  Robert Mann (Conservation Commission), Jack Prendivile (realtor), Kevin Ducharne (buyer), Regina Marquis (owner; late arrival)

Chairman McIntosh opened the meeting upon Case# 2012-1 at 7:00pm.

CASE# 2012-1:  Equitable Waiver of Dimensional Requirements, Map 2 Lot 58-1

Whereas the owner of the subject property was unable to be present, Mr. Pike provided the Board with a brief synopsis of the occasion upon which the application was made.  Upon the inspection of the property by the title company, on behalf of the mortgager, it was determined that the home, as built, encroached upon the wetland buffer by a measure of 15 feet.  The home is nearly complete.  Previously, the owner informed the office that the error was caused by the contractor completing the site work and construction of the foundation.

Mr. Brown asked Mr. Paveglio what process was in place as part of the Town’s inspections to insure enforcement of the zoning.  Mr. Paveglio stated that he felt proper processes were in place and that this occasion was a failure upon the Town to notice the discrepancy.  Mr. Millette asked if the driveway was issued a permit.  There is a permit on file for the driveway.  Mr. Millette expressed concern regarding the location of the driveway, as it appears to also encroach upon the wetland area.

Mr. Mann completed a site inspection of the subject property.  Without desiring to diminish the value of any wetland, Mr. Mann stated that this system in noted in the High Value Wetlands Survey, but the more important area is upstream of this property with fewer notable values associated with the stream that runs adjacent to this lot.  The Conservation Commission would like the Board to consider subsequent conditions upon any approval to require that certain areas of the property be left in an undisturbed and natural state, especially that area adjacent to the driveway.  Mr. Millette asked Mr. Mann if any consideration should be given to the type of surface treatment upon the driveway.  Mr. Mann explained that there are many valid opposing arguments for the preferential type of surface treatment; paved or unpaved.

Ms. Regina Marquis arrived late, and provided added information to the occasion of the building being constructed within the wetland buffer.

The Board reviewed in detail the amended septic design which showed the non-conformity.  This amended plan was submitted in August 2011, but the nonconformity was not noticed at that time. At the time of the amended submission the structure was a closed in shell.

The following findings were made upon the application as submitted and the testimony received:  

1.  The request does involve a dimensional requirement and not a use restriction whereas there is a 15 foot encroachment upon the wetland buffer.
 
2.  The non-conformity was discovered after the structure was substantially complete by means of an amended septic design and upon the inspection by the title company on behalf of the mortgager.  At the time of inspection by the title company it was acknowledged that the structure was not built in the originally proposed location and now encroached upon the wetland buffer by a measure of 15 feet.

3.  The non-conformity does not constitute a nuisance nor diminish the value or interfere with future uses of other property in the area because all identified non-conformity exists solely within the bounds of the site and the adjacent wetlands were not identified as High-Value wetlands.

4. The cost of correction far outweighs any public benefit to be gained because the structure is nearly complete, and moving the home would endure a tremendous expense without realizing any benefit to the area given the limit of the non-conformity to within the bounds of the property and the limited value of the adjacent wetlands.

Being no further discussion, a motion was made by Mr. Brown and seconded by Mr. Paveglio to approve the Equitable Waiver of Dimensional Requirement as requested in Case# 2012-1 from Article 3 Section 16 of the zoning ordinance based on the findings as previously noted.  Passes 5-0.

Respectfully submitted,



Jamie A Pike

Approved and Signed 03/27/2012
                
Mark McIntosh, Chairman

Town of Chichester
Zoning Board of Adjustment
54 Main Street
Chichester, New Hampshire  03258
(603) 798-5350   Fax (603) 798-3170


Notice of Decision

You are hereby notified that the request of Regina Marquis, Map 2 Lot 58-1 for an Equitable Waiver of Dimensional Requirement from Article 3 Section 16 of the zoning ordinance has been GRANTED, based upon the following findings, by the affirmative vote of the five members of the Zoning Board of Adjustment.

1.  The request does involve a dimensional requirement and not a use restriction whereas there is a 15 foot encroachment upon the wetland buffer.
 
2.  The non-conformity was discovered after the structure was substantially complete by means of an amended septic design and upon the inspection by the title company on behalf of the mortgager.  At the time of inspection by the title company it was acknowledged that the structure was not built in the originally proposed location and now encroached upon the wetland buffer by a measure of 15 feet.

3.  The non-conformity  does not constitute a nuisance nor diminish the value or interfere with future uses of other property in the area because all identified non-conformity exists solely within the bounds of the site and the adjacent wetlands were not identified as High-Value wetlands.

4. The cost of correction far outweighs any public benefit to be gained because the structure is nearly complete, and moving the home would endure a tremendous expense without realizing any benefit to the area given the limit of the non-conformity to within the bounds of the property and the limited value of the adjacent wetlands.


___________________________________
Mark McIntosh, Chairman

___________________________________
Date

Note:  The selectmen, any party to the action or any person directly affected has a right appeal this decision.  See New Hampshire Revised Statutes Annotated, Chapter 677, available at the Chichester Town Offices, 54 Main Street.  This notice has been placed on file and made available for public inspection in the records of the ZBA on the ________ day of __________, 2012.  Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectmen, and Town Clerk.


__________________________________
Jamie A Pike, Secretary


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