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Notice of Decision Variance

Case # 172-A & 173-A

You are hereby notified that the request for an “area” road 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.
Ben Brown made the motion to grant a variance for the proposed road of Map 2 Lots 67 & 77 (otherwise known as Malachy Glen Phase II) as submitted by Mr. James Mullaney 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 the proposed road would have minimal impact on the wetlands and wetland buffers and this is a conforming use which was approved by the Planning Board.
2.  The granting of this variance would not be contrary to the public interest because of the low value of the wetlands as mentioned in the testimony of the discussion with the Conservation Commission and the wetland scientist’ opinion.
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 road will have minimal affect on the low impact wetlands.
  (B)(2)  The applicant cannot achieve by some other method reasonably feasible, other than an area variance because the location of these roads have been chosen as the best location by the town engineer.
4.  By granting this variance substantial justice would be done because it provides access to a subdivision approved by the Planning Board that would otherwise be inaccessible and it would increase the land value and the accessibility to property for future use or usage.
5.  The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because this is a low impact wetland area.
Motion was seconded by Jeff Jordan.
Vote was 5-0 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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