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Board of Adjustment Minutes 05/16/2007

CHICHESTER BOARD OF ADJUSTMENT MINUTES
MAY 16, 2007

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

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.

This is a continuance from the 5/2/07 public hearing so the board could get answers to their concerns from town council.
Ed Meehan was not present at the meeting but relayed to Steve MacCleery that town council had a problem with making a non-conforming lot more non-conforming.  Ed sent a letter to town council with specific questions, as well as several phone messages, but as of this evening no response was given.

The board referred to ZBA Case Law in the BOA Handbook page 72, Hanson v. Manning; “Absent ‘special conditions’ which distinguish the property from other property in the area, no variance may be granted even though there is a hardship.”   Page 77, Margate Motel v. Town of Gilford; “Unnecessary hardship must arise not from personal circumstances of the owner, but from some unique condition of the parcel of land distinguishing it from others in the area and barring any reasonable use of the land consistent with literal enforcement of the zoning ordinance.”   Page 80, Husnander v. Town of Barnstead; “In determining whether a hardship exists sufficient to prevent the owner from making any reasonable use of the land, the operative use is “reasonable”, a word that has been central to the development of the common law.”

Also, from the NH Planning & Land Use Regulations book page 415 it states; “In order to establish an unnecessary hardship for variance purposes, an applicant needs to show that the zoning interferes with the reasonable use of the property, considering its unique setting in its environment.”

The board agrees that the lots are already buildable as they are presently, this isn’t against the spirit of the ordinance but the “hardship” is still the main issue.
Other variances have been granted when the applicant could have done something else.  Two variances could be given; one for the lot line adjustment, and another to allow the lots to be buildable.

The board questioned if a lot line adjustment could be granted if the area of both lots were not changed, just the frontage.  They would still like a response from town council.



MOTION
Steve MacCleery moved to continue and reconvene this public hearing on Wednesday, May 23, 2007 at 7:00 PM as we are still awaiting information from town council pertaining to the BOA’s concerns.  Tom Wainwright seconded.

Vote was 5-0, motion carries.

Meeting will reconvene in one week.

Respectfully submitted,



Holly MacCleery, Secretary
Chichester Board of Adjustment



Mark McIntosh, Vice Chairman
Chichester Board of Adjustment
 


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