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Board of Adjustment Minutes 01/27/2010
JANUARY 27, 2010

Case #226-Jeffrey Green, Stephen Kehas, John & Cheryl Monroe-Map 6 Lots 7&8A.  Appeal from an Administrative Decision of the Planning Board denying a lot line adjustment.
Members Present-Mark McIntosh, Chairman; Stephen MacCleery, ex-offico; Richard Millette; David Hartley; David Dobson; Tom Wainwright, Alternate.
Others:  Jeffrey Green, Cheryl & John Monroe, Jamie Pike, Selectman Richard DeBold, James Kersch, Walter Sanborn, Allen Mayville, Tom Jameson.

Mr. Green explained that two meetings were held on this lot line adjustment at the Planning Board level.  The PB never discussed the check list or the possibility of a waiver.  They also didn’t formally accept their submitted application, which is for a subdivision. (The PB does not have a lot line adjustment application)  He feels the PB’s denial letter was incomplete.  This lot is considered a back lot and by adding frontage & acreage it would become more conforming.

Mr. Green quoted zoning under Art. III, Sect. E.1. This is a vacant lot and not a non-conforming use.  By adding more land & frontage they will be able to use more of the land.  Lot #7 will have 79.2 acres, which already has a house on it, and Lot 8A will have 26.2 acres after the adjustment.  He feels the letter of denial is premature and wasn’t done in the proper order.  He would like to go back to the PB and have this matter ruled on its merits.

Mr. Green further stated that he has adjusted the maximum amount of frontage he can.  He needs 300’ which he can’t get from the lot that still has a house on it.  This is an existing lot of record.  They are starting with two lots and will end up with two lots.  They want to maintain the entrance & access the use of this property.  It is a vacant piece of land that would be good for the town.

Steve MacCleery stated that the BOA has no jurisdiction over subdivision or site plan regulations.  The board can only rule on zoning issues.  Also, in the past the PB has created lots that are stated non buildable.  They may have a concern that someone will want to build out there in the future.

Richard DeBold agreed with Steve that this isn’t a BOA issue.  The applicant wasn’t denied a lot line adjustment, they were denied for an incomplete application.  Lot lines come under the subdivision rules.  The PB doesn’t have the authority to create non standard lots.  Each case is looked at individually; waivers are given on a case by case basis.

Tom Jameson, PB Chairman said that the house has been there over 100 years but things could change.  They need assurance that they aren’t creating two substandard lots.
Mr. Green added that he is trying to do everything correct according to previous cases done in town pertaining to lot lines.

Steve MacCleery moved to deny the request of Jeffrey Green, Map 6 Lots 7&8A Appealing the Administrative Decision of the Planning Board for a lot line adjustment as this is a subdivision regulation and not a zoning ordinance that the Board of Adjustment has jurisdiction over.  Richard Millette seconded.
Steve MacCleery – Yes
Mark McIntosh – Yes
David Dobson – Yes
David Hartley – Yes
Richard Millette – Yes
Motion carries 5-0.
Respectfully submitted,

Holly MacCleery, Secretary

Mark McIntosh, Chairman
Chichester Board of Adjustment

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