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Board of Adjustment Minutes 05/02/2007
MAY 2, 2007

Members Present:  Edward Meehan, Chairman; Mark McIntosh, Vice Chairman; Steve MacCleery, ex-offico; Ben Brown; David Dobson.

Steve MacCleery swore in Mark McIntosh for his 3-year term before the public hearing.

Case #209-Brent Moses, Map 2 Lots 57A & 57B, requesting an area variance to Article II, Section D-RA for a lot line adjustment to permit the reduction of a non-conforming lot with an area of 4.615 acres to an area of 4.17 acres.  Lots are located on Horse Corner Road.

Mr. Moses submitted his plan for a lot line adjustment to the board to show the proposed intent.  (Copy on file)  Both lots 57A & 57B are lots of record as they are now and are buildable as such.  By decreasing about 45’ of frontage from one lot and giving it to the other, both lots would meet the required minimum road frontage of 300’.  The lots would still be non-conforming because of the minimum acreage requirement of 5 acres.  He would like to make the lots more appealing in regards to their shape and size and appearance from the road.  A septic design has already been done for both lots.

If lots will still support well, septic & house, what is the harm?  Can the BOA do this because these lots are currently non-conforming lots of record?

Are two new lots being created?

If the soil is proved to be residential soils then the Planning Board can deal with the lot line adjustment.

The applicant could possibly be making more trouble for himself.  Could this be considered as a self created hardship?

Does he lose his lot of record status if a lot line is approved?

Is an area variance for lot size also needed if a lot line is granted?

The board did not feel comfortable moving forward without an opinion from town council since this particular situation has not been presented to them before.

Ben Brown moved to continue and reconvene this public hearing on Wednesday, May 16, 2007 at 7:00 PM for the purpose of town counsel opinion.  Board would like clarification on the status of these lots if a lot line adjustment is granted.  Do they lose their lot-of-record status?  Will an area variance also be required for lot size?  Is this a self-created hardship?  Motion was seconded by Steve MacCleery.
David Dobson – Yes
Ben Brown – Yes
Ed Meehan – Yes
Steve MacCleery – Yes
Mark McIntosh – Yes

Motion carries 5-0.

Meeting will reconvene in two weeks.

Respectfully submitted,

Holly MacCleery, Secretary
Chichester Board of Adjustment

Edward Meehan, Chairman
Chichester Board of Adjustment

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