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BOA Decision Plummer 8 10 05

AUGUST 10, 2005

Case # 185 Carroll & Debra Plummer/Chichester Conservation Commission, Map 4 Lot 8 Area Variance to Article II Section D. Rural/Agricultural.

It was moved and seconded to grant an Area Variance for Map 4 Lot 8, to Article II Section D. Rural/Agricultural contingent upon the town purchasing the property and leaving no less than 3 acres with the existing Plummer property 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 there are no impacts to the surrounding area.  Conservation land increases the value of abutting properties.
2.  The granting of this variance would not be contrary to the public interest because it is in the town’s interest to preserve open space wetland; it is in the town’s interest to have a credible plan to access the 37 acres of conservation land already owned by the town.
3.a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed; because there is only 1.5 acres of RA soils instead of the required 4.5 acres.
  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 piece of property that ties the Town Hall parking lot to the other 37 existing acres of conservation land.
4.  By granting this variance substantial justice would be done because this will allow the town to obtain conservation land for recreational use.
5.  The use contemplated by petitioner as a result of obtaining this variance would not be contrary to the spirit of the ordinance given that the board has narrowed its focus to the RA zone to Article II, Section D because one of the listed special exceptions is public recreation land and the intent of creating this substandard lot is to provide the remainder of the lot as public recreational land.

Motion carried 3-2.
                                                Mark McIntosh, Vice Chairman BOA


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 decision, 8/10/05.  See NHRSA 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 8/15/05.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Building Inspector and Town Clerk.

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