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Board of Adjustment Minutes 07/12/2006
CHICHESTER BOARD OF ADJUSTMENT MINUTES
JULY 12, 2006

Case #200 – Deborah Kenneally Seaman requesting a Special Exception to Article III, Section P. 5.f. expanding a nonconforming use/erecting a garage on existing lot zoned open space wetlands on Map 3 Lot 99B located on Canterbury Road.

Members Present:  Edward Meehan, Chairman; Stephen MacCleery, ex-offico; David Dobson; Mark McIntosh; Tom Wainwright, all voting members.

Applicant Deborah Seaman and the Building Inspector were present.  No abutters attended.

Ms. Seaman would like to put up a garage to park her cars in and put a deck on the back of the house.  She feels this will not be detrimental to the neighborhood; it will not be an eyesore as it will be professionally done.  The siding will be the same color as the existing house.  This will not increase the traffic flow or make excessive demands on municipal services.  Where the garage is going it is dry.  Pictures were submitted as to where the garage will be located.  (On file)  The wetlands on the property are behind the house.  The garage will be more than 200’ away from them.  This will be a one story garage not connected to the house.  It is for the purpose of parking vehicles and storing one for the winter.  It will not be used for living space.  The garage will be 28’Wx30’L with a foundation, footings, and a cement floor.  It will not have a drain in the floor.  The proposed deck will be expanded 10’ on the side of the house and 12’ along the back, replacing a 6’x8’ landing.  The deck will extend around the back of the house.  Since the original application did not mention anything about a deck, the board agreed to allow Ms. Seaman to amend her application requesting the proposed deck on the side and back of the existing house.  The proposed deck will be approx. 168 sq. ft.

BOARD DISCUSSION
Ed Meehan commented that since at least 3 vehicles are currently parked at this property, putting them in a garage with a foundation will have less impact to any surrounding wetlands.  

Mark McIntosh added that the driveway is already paved with grass on either side.

Steve MacCleery did not feel that granting this SE would be detrimental to the neighborhood, have an excessive demand on municipal services, or generate more traffic.  It will decrease the chances of adversely affecting Chichester’s groundwater resources.  David Dobson agreed.

Tom Wainwright feels the property will be more attractive with a garage and a decent deck around the house.



MOTION
Steve MacCleery moved to grant the requested Special Exception because it meets all the criteria listed on page 37 & 38, Article VI Board of Adjustment, of the zoning ordinance.  Tom Wainwright seconded.  Dimensions of the garage will be no larger than 28x30 and the footprint of the deck will be no larger than 6’ from the house foundation and no more than 18’ along the back of the house.
After discussion on this motion, Steve MacCleery & Tom Wainwright both agreed to withdraw the motion & second.

Deborah Seaman was allowed to amend her submitted plan for the deck on the house to give her additional footage if costs allow.  (On file).

David Dobson moved to grant the requested Special Exception to Article III, Section P. 5.f. to Map 3 Lot 99B for the expansion of a nonconforming use/erecting a garage and expanding deck on the existing house on lot zoned open space wetlands with the dimensions of the garage being no larger than 28’x30’ and the footprint of the deck  being no larger than 240 sq. ft. with a maximum distance of 8’ from the side of the foundation of the house as depicted on the submitted plan, for the following reasons:
 The special exception is specifically authorized by this ordinance.
 The proposed use will not be injurious or detrimental to the neighborhood.
 The proposed use will not make an excessive demand on municipal services.
 The proposed use will not generate traffic volumes that will overburden existing roads and highways.
 The proposed use will not have an adverse impact on the natural environment.
 The proposed use will not adversely affect Chichester’s groundwater resources.
Motion was seconded by Mark McIntosh.

VOTE ON MOTION
David Dobson – Yes
Mark McIntosh – Yes
Ed Meehan – Yes
Steve MacCleery – Yes
Tom Wainwright – Yes

Motion carried 5-0.  Request granted.

After the public hearing there was discussion about another application that was received.  Board agreed to hold the public hearing on 8/2/06.

The board also discussed amending and adding to the Rules of Procedure.

MOTION
Steve MacCleery moved to amend item #10 to read “The minutes will be reviewed by board members and will be signed by the chairman after any changes or omissions have been made within 7 days of the posted draft minutes.”  And to add item #11 “The BOA reserves the right to have all plans and reports presented by the applicant reviewed by the town’s engineer at the applicant’s expense.”  Item #11 will be added to all the BOA applications.  Motion was seconded by Tom Wainwright.

VOTE ON MOTION
Tom Wainwright – Yes
Steve MacCleery – Yes
Ed Meehan – Yes
Mark McIntosh – Yes
David Dobson – Yes

Motion carried 5-0.

Respectfully submitted,


Holly MacCleery, Secretary



Edward Meehan, Chairman
Chichester Board of Adjustment

CHICHESTER BOARD OF ADJUSTMENT
NOTICE OF DECISION
JULY 12, 2006

Case #200 Deborah Seaman requesting a Special Exception to Art. III, Section P. 5.f. on Map 3 Lot 99B.

David Dobson moved to grant the requested Special Exception to Article III, Section P. 5.f. to Map 3 Lot 99B for the expansion of a nonconforming use/erecting a garage and expanding deck on the existing house on lot zoned open space wetlands with the dimensions of the garage being no larger than 28’x30’ and the footprint of the deck  being no larger than 240 sq. ft. with a maximum distance of 8’ from the side of the foundation of the house as depicted on the submitted plan, for the following reasons:
 The special exception is specifically authorized by this ordinance.
 The proposed use will not be injurious or detrimental to the neighborhood.
 The proposed use will not make an excessive demand on municipal services.
 The proposed use will not generate traffic volumes that will overburden existing roads and highways.
 The proposed use will not have an adverse impact on the natural environment.
 The proposed use will not adversely affect Chichester’s groundwater resources.
Motion was seconded by Mark McIntosh.

Motion carried 5-0.



                                                ____________________________________
                                                Edward Meehan, Chairman


                                                ____________________________________
                                                Date








Note:  The Selectmen, any party to the action or any person directly affected has a right to appeal this decision within 30 days.  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 BOA on 7/17/06.  Copies of this notice have been distributed to:  the applicant, Planning Board, Selectmen, Town Clerk & Building Inspector.


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