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Board of Adjustment Minutes 08/02/2006


CHICHESTER BOARD OF ADJUSTMENT MINUTES
AUGUST 2, 2006

Case #199A-Chichester Condominium Corp. Motion For Rehearing.

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

Under RSA 91-A:3, II Tom Wainwright moved to go into non-public session to discuss attorney/client privilege.  Ed Meehan seconded.

VOTE ON MOTION
Ed Meehan – Yes
Stephen MacCleery – Yes
Ben Brown – Yes
Tom Wainwright – Yes
Mark McIntosh – Yes
David Dobson – Yes

Motion carries 6-0.  
Tom Wainwright moved to come out of non-public session.  Ed Meehan seconded.

VOTE ON MOTION
Ed Meehan – Yes
Stephen MacCleery – Yes
Ben Brown – Yes
Tom Wainwright – Yes
Mark McIntosh – Yes
David Dobson – Yes

Motion carries 6-0.
During the non-public session no action was taken.  Meeting will be chaired by Mark McIntosh as Ed Meehan had to be excused for a veterinary emergency.

BOARD DISCUSSION
Ben Brown does not see where any technical errors have been made and  disagrees with petitioner saying the board used the wrong standards and feels request should be denied.

Steve MacCleery disagrees with the statement about the town having acknowledged that there is a need for over 55 projects.  When the new zoning was approved it was tied in with Conservation/Open Space so there would be common land that was undisturbed so you could more highly develop smaller pieces of property and leave open land.  He disagrees with their conclusion.



The board does not feel that litigation cases come into play with other applicants.  A court ruling has no bearing on their case as each one is considered on an individual basis.
MOTION
Ben Brown has moved to deny the request of Chichester Condominium Corp. for a rehearing because:
The BOA does not feel any technical errors were made at the public hearing on 6/28/06;
The BOA does not feel they used the wrong standards;
The BOA does not feel they have done anything illegal or unlawful; and
No new compelling information was submitted in the Motion For Rehearing.
Mark McIntosh seconded the motion.

VOTE ON MOTION
David Dobson – Yes
Mark McIntosh – Yes
Steve MacCleery – Yes
Tom Wainwright – Yes
Ben Brown – Yes

Motion carried 5-0.  Request is denied.  

MOTION
Steve MacCleery moved to seal the minutes from the non-public session indefinitely.  Mark McIntosh seconded.

VOTE ON MOTION
Ben Brown – Yes
Tom Wainwright – Yes
Steve MacCleery – Yes
Mark McIntosh – Yes
David Dobson – Yes

Respectfully submitted,


Holly MacCleery, Secretary


Mark McIntosh, Vice Chairman



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