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Board of Adjustment Minutes 08/18/2010
CHICHESTER BOARD OF ADJUSTMENT MINUTES
AUGUST 18, 2010

Case #230C-Signs for Jesus appealing the administrative decision of the Planning Board stating that the application does not comply with the zoning ordinance Article II, Section 2.04 whereas the parcel, Map 4 Lot 168, is located in the commercial village and such does not expressly permit the proposed use.

Members Present:  Mark McIntosh, Chairman; David Dobson; Richard Millette; Tom Wainwright; Mike Paveglio, ex-offico; Steve MacCleery, Alternate.

Others:  Fabrizio & Jennifer Cusson, Maurice Cusson, Gary Cote, Donald Worster, Faye & Robert McAnney, Amy Adams, Allen Mayville, Michael Tierney, Chet McPhail, Valerie Fradette, Vanessa Wiley, Joey Tucker, Walter Sanborn, Lucille Noel, Sally Kelly.

Fab asked if a use isn’t expressly listed is it not allowed.  You can’t list everything.  His intent is to have a white vinyl sided building, not a trailer or brick building, which will have a one room office to control the proposed Sign for Jesus.  He feels his use falls under the same venue as a church.

BOARD DISCUSSION
  *Our ordinance is a permissive ordinance.  If it is not listed, you can’t do it according to our town council.
  *Something in the sign would have to be changed in order for it to fit zoning.
  *If he went back to the PB they might see things differently since the BOA has agreed this use is a business and have reversed their decision.
  *Maybe zoning needs to be changed because of technology.
  *He needs to go back to the PB and revise the site plan to fit the village district.
  *We don’t have a correct application since it is no longer valid because the BOA finds the sign is a business and the requested variance for an electronic message sign was denied.
  *This is an allowed use but not with an electronic message sign.

MOTION
Mike Paveglio moved to reverse the denial of the Planning Board.  The BOA finds that Signs for Jesus is a business under Article II, Section 2.04 and the proposed use falls under Permitted Uses #4) Personal and Business Service establishments.  Richard Millette seconded.

VOTE ON MOTION
Richard Millette – Yes
Mark McIntosh – Yes
David Dobson – Yes
Tom Wainwright – Yes
Mike Paveglio – Yes

Request is granted 5-0.

Respectfully submitted,

Holly MacCleery, Secretary

Mark McIntosh, Chairman
Chichester Board of Adjustment


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