CHICHESTER BOARD OF ADJUSTMENT MINUTES
OCTOBER 27, 2010
Case #233-Fuat & Leslie Ari, Map 7 Lot 5, requesting an Equitable Waiver of Dimensional Requirement to Article III Section 3.05A to permit this lot as a buildable lot and accept its road frontage as is and make it a subdividable lot.
Members Present: Mark McIntosh, Chairman; Mike Paveglio, ex-offico, David Dobson, Ben Brown, Richard Millette, Steve MacCleery, Alternate.
Others: Fuat & Leslie Ari, Lawrence Bellemare, Paul Adams, Tom Jameson.
Selectman Paveglio requiesed himself from this public hearing as he was one of the Selectmen who met with the Ari’s and instructed them to come to the BOA. Alternate Steve MacCleery will be a voting member for this hearing.
In 2002 Mr. Ari purchased this piece of property and was told by the town that it was a buildable lot. He wanted to move the driveway in a different area which would be dryer. He was told by the selectmen, at that time, that the driveway couldn’t be moved because they didn’t own that particular area. He was told by his title company that this was a buildable lot also. At the time, the town owned the property across the street. He further stated that unofficially the selectmen told him to put the driveway anywhere he wanted. When his contractor came to do the job the road agent, at that time, told them they would be arrested if they continued because they didn’t have a permit. An easement was given to the Aris’ to get to their house but they have no road frontage. The
property has 12.5 acres. The road didn’t get built where it was supposed to be but was accepted by the town. Unfortunately, it followed the existing roadway and not the proposed plan which left the Aris’ lot with no road frontage. The road goes through Mr. Bellemare’s lot who is an abutter to the Aris’.
Mr. Bellemare stated that he lost 1/3 of an acre because of this. His property has 10 acres and he doesn’t want to lose his current use status. He was contacted by Selectman Richard DeBold and he agreed to grant an easement to the Aris’ so they could get to their property. He has property on both sides of the road and is willing to work something out.
Mr. Ari added that the easement was given by the town but it was never registered.
Selectman Paveglio stated that the town didn’t give them an easement because it wasn’t registered so Mr. Bellemare did.
Tom Jameson asked when the town owned the property why didn’t they know the road wasn’t in the correct place.
Steve MacCleery responded that a permit was granted without the knowledge that the road was in the wrong place. The road agent is the person who grants a driveway permit. This was a paper street. Each landowner paid to increase the road as a Class V as they built on Hilliard Road. The road was developed differently than the registered plat. Mr. Ari has frontage on a paper road but not on a town maintained one.
It was asked if a correct road could be built to correct this mistake but could possibly become an expense to the taxpayers.
Mr. Ari added that a survey was never done so they don’t know who owns the range way.
Mr. Bellemare claims he owns the existing road and the town owns the right-of-way over it.
Ben Brown asked if the BOA could allow the use of the range way as a glorified driveway. He could use ½ of his range way as a glorified right-of-way to his property. They could possibly get another easement from the abutter. Either the town owns it or Mr. Ari owns ½ of it. 25’ is a wide driveway. They have an easement and access.
Steve MacCleery asked why the Aris’ should have to build a road if they want to subdivide. They bought this property with the expectation that the driveway was where it was supposed to be and could be subdivided. Every landowner affected by this should go to court and sue the contractor that built the road.
Mr. Ari asked if the town would accept 200’ of frontage up to the existing driveway and would the town accept less than 10 acres as current use property.
Residential lots need 200’ of frontage so he would need 400’ in order for the lot to be subdivided. The BOA can do something about the equitable waiver but nothing to make it a subdividable lot. 200’ could be waived. The board can grant the waiver and say it is a legal lot but they can’t correct a wrong that was made many years ago.
Mr. Bellemare suggested that a land swap may be the most economical way to settle this between all parties.
Ben Brown moved to continue this public hearing until December 8, 2010 to allow all involved parties to further discuss this matter and preferably come to a resolution. Richard Millette seconded.
VOTE ON MOTION
Mark McIntosh – Yes
David Dobson – Yes
Richard Millette – Yes
Ben Brown – Yes
Steve MacCleery – Yes
Motion carried 5-0.
Holly MacCleery, Secretary
Mark McIntosh, Chairman
Chichester Board of Adjustment