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Board of Adjustment Minutes 10/18/2006
CHICHESTER BOARD OF ADJUSTMENT MINUTES
OCTOBER 18, 2006

Case # 202-John Baas III requesting an area variance to Article II, Section D. DI/Mf & Article III, Section E. to allow the use of an existing barn as a 1-bedroom apartment located on Depot Road, Map 8 Lot 4.  This meeting is being continued from the public hearing held on October 4, 2006.

Members Present:  Edward Meehan, Chairman; Stephen MacCleery, ex-offico; David Dobson; & Tom Wainwright.

The board decided to go forward with the public hearing since they had a quorum with 4 members even though the applicant was not present.

The purpose of the continuance was so the applicant could go to the 10/05/06 Planning Board meeting and discuss his plans with them and find out exactly what they would require him to get a variance for.  The board was given a letter from Chairman Brad Towle stating what the PB concerns were as well as a 6/2/05 notice of decision pertaining to the barn apartment. (On file)

BOARD DISCUSSION

There would not be a diminution in value of surrounding properties as a result of the granting of this variance because there are no outside changes, building already exists with adequate parking, & the building is inside the CI/Mf zone.

The granting of this variance would be contrary to the public interest because there was no soil scientist survey submitted to refute the Conservation/Open Space/Wetlands that this lot is zoned according to the town map.

The board also feels that all other commercial options have not been explored or exhausted.

At this time, applicant John “Jay” Baas arrived to the meeting and explained that he had to work late.  After discussing with him the concerns of the PB and the possible need for additional variances, the applicant agreed to withdraw his current application and resubmit new ones addressing the concerns of the PB.  He was also encouraged to go back to the PB and get specific areas of zoning that he would need variances for.  The BOA will also be sending a letter to the PB requesting exact zoning issues that they would like the board to address.  It was also explained to the applicant that he would incur the same filing & postage fees for the next public hearing.

The next public hearing will be held on Oct. 25th and two new applications are scheduled for November 8th.

Respectfully submitted,


Holly MacCleery, Secretary


Edward Meehan, Chairman
 


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