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BOA Decision 7 13 05 LeDuc
CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
July 13, 2005

Case #182-Geana Leduc, Map 9 Lot 17A requesting an area variance to Article III, Section P. Wetlands, c. Other Setbacks, to replace existing mobile home with a new manufactured home.

Ben Brown motioned to grant the area variance requested by Geana Leduc, Map 9 Lot 17A, to Article III, Section P. Wetlands, c. Other Setbacks, to replace existing mobile home with a new manufactured home, providing the new manufactured home is placed as far away from the pond and as close to the boundaries as is reasonable, given the proposed location while maintaining the required setbacks.  One shed will remain and may need to be moved.  Motion was made 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 replacing existing mobile home with a new manufactured home will increase the applicant’s property value and surrounding properties.
2.  The granting of this variance would not be contrary to the public interest because there is already an existing home on the lot and the new manufactured home will be farther from the wet area than the existing home.
3. a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed; the entire lot falls within the 100’ wetland buffer yet the building site is residential soil.
   b. The same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because there is no other place on the property to put the new manufactured home.
4.  By granting this variance substantial justice would be done because the applicant has no other options given that their entire lot is within the 100’ setback.  This also allows the applicant to upgrade their home which is a benefit to the town.
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 proposed site is farther away than where the existing home now sits.  The new manufactured home will be more energy efficient and meet all life safety codes.
Motion was seconded by Mark McIntosh.  Vote was 5-0 in favor of motion.  Motion carried.

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                                                Edward Meehan, Chairman

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                                                Date
Note:  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 decision (7/13/05).  See NHRSA, 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 7/18/05.  Copies of this notice have been distributed to: the applicant, Planning Board, Building Inspector, Selectmen and Town Clerk.


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