CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
November 16, 2005
Case #191 Barloe Properties, Map 1 Lot 5A for an area variance to Article III, Section P. c. to permit access to the subject property via minimal impact to a seasonal stream and Burnham Brook for a subdivision road as on submitted plan, subject to all state approvals, has been granted on November 16, 2005.
Motion to grant was made by Ben Brown and seconded by Ed Meehan. Vote was 3-2 in favor. Motion carried.
Reasons for granting motion:
1. There would not be a diminution in value of surrounding properties as a result of the granting of this variance because any improvements to the area would increase all the property values.
2. The granting of this variance would not be contrary to the public interest because the area is zoned for the intended use.
3. a. Since the following special conditions of the property make an area variance necessary in order to allow the development as designed because crossing the brook is the only feasible means of access to the property.
b. The same benefit cannot be achieved by some other reasonably feasible method that would not impose an undue financial burden because the landowner would need to purchase other property in which to access his current lot which is unreasonable. There is no way to access the lots without crossing the water somewhere and this is a defined brook and not a large swamp.
4. By granting this variance substantial justice would be done because the use is permitted in this zone and it would be an injustice to deny because there is no gain to the general public that would out way the injustice to the landowner.
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 spirit is to minimize the impact to the wetlands and this is an access that is environmentally sound which will have minimal impact.
Edward Meehan, Chairman
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 the meeting. See NH RSA 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 Monday, November 21, 2005. Copies of this notice have been distributed to: the applicant, Planning Board, Board of Selectmen, Town Clerk and Building Inspector.