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Board of Adjustment Minutes 08/26/2009
AUGUST 26, 2009
Case #223-Kenneth & Kathleen Pynn request an Equitable Waiver of Dimensional Requirements to permit nonconformity of building setback on Map 2 Lot 57A.  Property is located on Horse Corner Road.
Members Present:  David Dobson, Ben Brown, David Hartley, Richard Millette, Steve MacCleery.

Selectman MacCleery swore in voting members Richard Millette & Ben Brown for their terms.
Meeting was opened by Ben Brown, Acting Chairman.A moment of silence was held in memory of Chairman Edward Meehan & Lori McIntosh, wife of Vice Chair Mark McIntosh, who both passed away this summer.

Mr. Pynn explained that they purchased their property from Brent Moses after a lot line adjustment had been granted by the town.  The driveway was already put in, a building permit was issued to Mr. Moses & there was an approved septic design.  They were told by the former owner that the house was designed in its present location because of the leech field area.

Mr. Moses had excavated the land & put in the foundation in late January 2009.  In March it was discovered a corner of the garage was encroaching on the setback.  Distance from side property setback is 15', this foundation is 12.8'.  A survey of the property was done by the Pynn's contractor in March 2009 and that's when they realized there was a problem.  Mr. Pynn went to the town building inspector for guidance.  This was an error, a pure, honest mistake & the Pynn's wish this hadn't happened.

A letter from Frank & Joyce Lemay, the abutters whose property is encroached upon, was submitted into the record.  (On file)  The Lemays state they have no objection to the granting of the waiver but are concerned where they see stakes for the well as they sit in close proximity to the lot line.  Wells are supposed to be at least 75' from adjacent property lines.

According to the BOA Handbook, the board feels all the criteria are met in this situation for the granting of the waiver.  This was an honest mistake & they have come forward in all honesty.

Steve MacCleery moved to grant the Equitable Waiver of Dimensional Requirements for building set back of 15' to 12.8' as constructed on Map 2 Lot 57A as it meets the four criteria under RSA 674:33-a.  Seconded by David Hartley

David Hartley -Yes
Steve MacCleery -Yes
David Dobson -Yes
Ben Brown -Yes
Richard Millette -Yes
Motion carries 5-0.
Richard Millette wanted the minutes to reflect his opposition to the variance granted to the Tepper property was because the number of apartments grandfathered was three & the BOA approved a fourth.
Respectfully submitted,

Holly MacCleery, Secretary

Ben Brown, Acting Chairman
Chichester Board of Adjustment

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