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Decison of BOA May 5, 2005

Case #178 Malachy Glen Associates, Inc. Map 4 Lot 168-A requesting an area variance from the wetland ordinance.
It was moved and seconded to grant a variance to provide access only to Map 4 Lot 168-A as proposed on sheet 2 of 6 #15233 recorded Sept. 20,2000 and to deny the area variance request permitting land change within 100’ of wetlands outside the access area, by a vote of 5-0, 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 this is a conforming commercial project in a commercial area with minimal impact to town resources.
2.  The granting of this variance would not be contrary to the public interest because everyone deserves access to their property however, it is contrary to the public interest to encroach on the wetland buffer that was enacted 3 years ago and reaffirmed in March 2005.
3.a. The following special conditions of the property make an area variance necessary in order to allow the development as designed because access to the property should not be denied, this is an allowable and reasonable use of the property but the project should not infringe on the zoning ordinance of the wetlands.
 b. The same benefit can be achieved by some other reasonably feasible method that would not impose an undue financial burden because the development as designed encroaches on the wetland buffer to the extent that it does and the applicant hasn’t given any consideration to amending this plan.  Because no evidence has been presented, it seems reasonable that the scope of the project could be reduced to conform with today’s zoning.
4.  By granting this variance substantial justice would be done because it allows the property owner access to the project but, would not do substantial justice because there is no evidence that scaling the project down would make it economically unviable.
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 ordinance was not intended to deny access to one’s property, but would be contrary to the spirit because the wetland ordinance was put in place three years ago and reaffirmed in March 2005.

                                                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 from the date of the decision.  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 May 9, 2005.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk and the Building Inspector.

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