CHICHESTER BOARD OF ADJUSTMENT MINUTES
DECEMBER 8, 2010
Case # 233-Continuance of public hearing held on 10/27/10. Fuat & Leslie Ari, Map 7 Lot 5, requesting an Equitable Waiver of Dimensional Requirements to Article III, Section 3.05A to permit their lot, with an existing house on it, as a buildable lot and accept its road frontage as is and make it a subdividable lot.
Members Present: Mark McIntosh, Chairman; David Dobson; Ben Brown; Steve MacCleery, Alternate.
Others: Fuat Ari, Applicant; Mike Paveglio, Selectman; Tom Jameson; Chairman Planning Board.
Ben Brown informed the board that he had discussions outside of the meeting that led to evidence that would be produced this evening by Selectman Paveglio. He volunteered to remove himself from voting on this case. The board felt he did nothing wrong and would be able to vote objectively.
Selectman Paveglio admitted that he did receive information from Ben regarding the case but was gathering information on his own for this evenings meeting.
Mr. Ari stated he was unable to meet with the Selectman in the last month as he was told they could do nothing for him. He was told that he was on the BOS agenda a couple of weeks ago but didn’t show. Mr. Ari replied that he was not informed that he was on their agenda. He would like this resolved one way or another. He has made three calls and left a note to Mr. Bellemare, abutter, with no response. At the previous public hearing it was suggested that Mr. Ari’s abutters get together with the Selectmen and try to come to a resolution to this problem which apparently didn’t happen.
Selectman Paveglio said that a building permit can be obtained without road frontage and he had a driveway permit. The road is where it was on the subdivision plan of 1971. There is a range road that has always been on his property. This lot was created by a lot line adjustment in 2002. In early 2000 the road was upgraded. In 2001 the road was approved by the town. This is a lot of record and could be subdivided if he built a road. The BOS did work with him for an easement for his driveway. He has access to his property.
Mr. Ari wanted to know why he needed an easement to get to his property in the first place. Where is his road frontage? Who owns the range road?
Ben commented that Mr. Ari purchased the lot with a driveway permit and that he moved the driveway from where it was originally. A surveyor would have told him he was not on his property when he moved the driveway. The property could have been flagged so Mr. Ari would know where his boundaries were.
Mr. Ari responded the driveway was moved because of the wetlands. A soil scientist told him he would have to move the driveway because of standing water. If the driveway stayed where it was permitted he would have had to build a bridge to get on his property. When his contractor was in the process of moving the driveway a previous road agent told them to stop. How did the town know where the driveway should be? The range way runs along his lot. He has a driveway permit signed by A J May dated 10/3/2002 but it doesn’t show where it should be. He put the driveway as close as possible before the road turned so he wouldn’t be on anyone’s property.
Ben added that by moving the driveway it crossed someone else’s property and therefore an easement needed to be given. Public information was available pertaining to this lot. Mr. Ari purchased the property without having it surveyed himself. If the driveway wasn’t moved in the first place, there wouldn’t be a need to be here.
Steve said someone thought his frontage was on the range way. The lot had a driveway permit, he didn’t want to cross wetlands, a surveyor was not involved and a human mistake was made by someone. He has a paper street and road frontage according to the lot line adjustment approved by the Planning Board. The driveway was installed before the town gave him an easement. He thought he had frontage on Hilliard Road. I feel this is a buildable lot on a paper street.
Mr. Ari said that a title company went out and didn’t find any problems. Based on the driveway permit he bought the lot and got a building permit to build his current home. He feels he is getting cheated and want to find a solution since he is unable to trade property with his abutter. He feels that by having an easement it depreciates his property value.
Ben also believes this is a buildable lot. It has an easement due to something he did. The original driveway existed and had a permit that was approved by the road agent. He doesn’t believe anything is required to make this a buildable lot. If Mr. Ari wants to subdivide he will have to comply to current zoning with appropriate road frontage.
Steve MacCleery moved to deny the request for an Equitable Waiver of Dimensional Requirements because the recorded plat #16121 recorded 11/8/02 at the Registry of Deeds and signed 9/5/02 by the Planning Board for Map 7 Lot 5 has a paper street which makes the lot buildable. Mark McIntosh seconded.
VOTE ON MOTION
Ben Brown – Yes
David Dobson – Yes
Mark McIntosh – Yes
Steve MacCleery – Yes
Motion carries 4-0.
Holly MacCleery, Secretary
Mark McIntosh, Chairman
Chichester Board of Adjustment