Notice Of Decision
Board of Adjustment
Greenfield, NH 03047
Case 08-1; John Haithcock, of Hollis, NH, for lot R9-3-1.
You are hereby notified that the Board of Adjustment has DENIED an appeal from administrative decision, denial of building permit, finding that the code enforcement officer made no error.
The Board also DENIED a request for a variance from section III.E.4 frontage requirement finding that
1. The proposed use would diminish surrounding property values, as there would be an additional driveway added to a common driveway that no longer meets driveway regulation requirements.
2. Granting the variance would not be of benefit to the public interest, as would not be consistent with similar past actions of the board, and compromise accessibility of emergency vehicles.
3. Denial of the variance would not result in unnecessary hardship to the owner. As access for the lot for other purposes is in place and has been utilized. The absence of frontage was a pre-existing condition when the lot was purchased, and that the lot is not dissimilar from other lots lacking frontage.
4. By granting the variance substantial justice would not be done, as it would create an imbalance with those also similarly constrained.
5. The use would be contrary to the spirit of and intent of the ordinance as one of the reasons the frontage requirement exist it to ensure unrestricted access by emergency vehicles, provisions in the zoning ordinance and state laws allow for reductions of quantity (length) and quality (class 6 and private roads,) but not existence of frontage.
John Gryval
Chairman
Board of Adjustment
Date: March 28, 2008
Note: Any person affected has a right to appeal this decision. If you wish to appeal, you MUST ACT WITHIN THIRTY DAYS (30) of the date of this notice. The necessary first step, before any appeal may be taken to the courts, is to apply to the Board of Adjustment for a rehearing. The MOTION FOR REHEARING must set forth all the grounds on which you will base your appeal.
See New Hampshire Statutes, RSA Chapter 677, for details.
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