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BOA Decision 3 16 05

Case # 175   Map 7 Lot 9-2

You are hereby notified that the appeal of Richard & Dorothy Mackin  for a variance to Article II, section D, Rural-Agricultural, of the Chichester Zoning Ordinance, for a 2 lot subdivision on submitted plan dated 1/6/05 has been GRANTED by a vote of 3-0 at the March 16, 2005 public hearing for the following reasons.

I.  The variance will not be contrary to the public interest because it presently supports a home.  This is a building density issue.  The lot is still in excess of the required 5 acres and meets the wetland setback requirements.
II. B. i. An area variance is needed to enable the applicant’s proposed use of the property given the special conditions of the property because the net usable area of 3.07 acres within Map 7 Lot 9-2 has supported a dwelling without adversely affecting the environment.
   B. ii. The benefits sought by the applicant cannot be achieved by some other method reasonably feasible for the applicant to pursue, other than an area variance because the purchase of additional property isn’t financially feasible for the applicant and modifying the property line would adversely affect adjacent property.
III.  The variance is consistent with the spirit of the ordinance because of the existing house, well and septic locations and are adequate for known soil conditions.  The proposed subdivision exceeds the town’s 5 acre minimum and aligns with the rural character of the community.
IV.  Substantial justice is done because this is a good use of the property and it meets the intent of our current zoning.
V.  The value of surrounding properties will not be diminished because the two lots will be 5.674 acres and 6.380 acres with the addition of one single family home.  The proposed lot sizes and new home would be in character with the surrounding properties.

                                                        Louis Barker, Acting Chairman
                                                        Chichester Board of Adjustment


Note:  The selectmen, any party to the action or any person directly affected has a right to appeal this decision.  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 3/21/05.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.

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