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August 4, 2004-Decision


You are hereby notified that the appeal of Joseph Austin for a VARIANCE to Article III, Section P/c-wetlands for a fire pond located on Map 3 Lots 68B, Route 4 within the 100’ wetland buffer zone has been GRANTED by the affirmative vote of at least three members of the zoning board of adjustment.

MOTION – Steve MacCleery motioned to grant a variance for a fire pond that would be beneficial to the town, to be located on Map 3 Lot 68B with access for fire trucks that would have the least amount of impact on the wetland buffer.  Mark McIntosh seconded.
Vote was 5-0 in favor of motion.  Motion carried.

Reasons for granting the motion:
1.  There would not be a diminution in value of surrounding properties as a result of the granting of this variance because of the benefit for fire safety.
2.  The granting of this variance would not be contrary to the public interest because of the benefit for fire safety.
3.  Since the zoning restriction as applied to the property interferes with the reasonable use of the property, considering the unique setting of the property in its environment such that it is a spot for a fire pond and drainage
  Since there is not a fair and substantial relationship between the general purposes of the zoning ordinance and the specific restriction on the property because the public good out weighs the private harm.
  Since the variance would not injure the public or private rights of others since this would be a benefit to the safety of the community.
4.  By granting this variance substantial justice would be done because the interest of the town and surrounding area would be served by the fire pond.
5.  The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because of public safety.

                                                        Chairman, Chichester ZBA


Note: The selectmen, any party to the action or any person directly affected has a right to appeal this decision within 30 days from the date of decision (August 4, 2004).  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 __________.  Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectmen, Town Clerk, Building Inspector & Fire Department.

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