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BOA Decision Variance landscape

Case # 172-A & 173-A

You are hereby notified that the request for an “area” VARIANCE on Map 2 Lots 67 & 77 by Mr. James Mullaney regarding section P-wetlands, Article III of the zoning ordinance has been GRANTED by the affirmative vote of at least three members of the zoning board of adjustment.
Mark McIntosh motioned to grant an area variance to lots 77-5, 77-6, 77-12, 77-13, 77-14, 77-15 & 77-16 on Malachy Glen Phase II subdivision within 50’ to 100’ of the wetlands with landscaping defined as permeable including lawn, shrubs, trees, grass, flower beds, gardens, fencing & monuments 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 landscaping typically increases the value of property.
2.  The granting of this variance would not be contrary to the public interest because landscaping will not have an impact on the wetlands.
3 (B)(1) An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property because the landscaping will have minimal affect on the low impact wetlands.
  (B)(2) The benefit sought by the applicant cannot be achieved by some other method reasonably feasible, other than an area variance because adjustment of lot lines or loss of a lot would not be feasible for the applicant.
4.  By granting this variance substantial justice would be done because the landscaping will increase the value, the Planning Board approved the subdivision and didn’t intend the lots not to have lawns.
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 landscape would have minimal impact on the low impact wetlands.
Motion was seconded by Ed Meehan.
Vote was 4-1 in favor of the motion.

                                                Edward Meehan, Chairman


The selectmen, any party to the action or any person directly affected has a right to appeal this decision within 30 days of the date of public hearing, (12/29/04).  See NH RSA 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 1/3/05.  Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.

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