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BOA Decision April 6, 2005

Case # 176
You are hereby notified that the appeal of Robert A. & Kathleen R. Gagne, Map 7 Lot 12, for an area variance to Article II, Section D-RA of the zoning ordinance has been GRANTED by the affirmative vote of at least three members of the zoning board of adjustment.  (Vote was 4-0 in favor of the motion)
Variance is being granted for District RA-Purpose & Article III, Section P-wetlands 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 it would increase the value of surrounding properties due to reduced development because of non-buildable back land.
2.  The granting of this variance would not be contrary to the public interest because there is no impact to the town services and this lot provides a suitable area for on site water supply, sewerage disposal system and buildings.  It also contains more than 5 acres which is required in the RA district.
3. Since
  a. the following special conditions of the property make an area variance necessary in order to allow the development as designed because the net usable area of 4/3 acres within Map 7, Lot 12 has supported a dwelling without adversely affecting the environment.
  b. the same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because the lot line adjustment still would not qualify under the 90% stipulation.
4.  By granting this variance substantial justice would be done because the 5.626 acre house lot presently supports residential structures.
5.  The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance because it meets the intent of the purpose of the RA district.

                                                Edward Meehan, 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 within 30 days of the meeting.  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 April 9, 2004.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.

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