Notice Of Decision
Board of Adjustment
Greenfield, NH 03047
Case 08-6
You are hereby notified that the Board of Adjustment has approved an appeal submitted by Eugene Mitchell, 418 Sawmill Road, Greenfield, NH. for a Special Exception from the 25-foot wetlands buffer to construct a road as allowed under section III.I.2.D.1 of the Zoning Ordinance of the town of Greenfield for property R2-17-2: Sawmill Estates.
You are also hereby notified that Board of Adjustment has denied an appeal for Special Exception from the 25-foot wetlands buffer to construct a fire pond as allowed under section III.I.2.D.2 of the Zoning Ordinance for the above lot.
The board found that the applicant has failed to provide sufficient evidence to demonstrate that the proposed use would not conflict with the purpose and intentions of section III.I.2.a & b. as required by the town’s zoning ordinance.
The board found insufficient evidence showing what the overall land development’s effect would be on the proposed fire pond, what the effects of failure or overtopping of the sedimentation ponds from severe weather events would be areas downstream.
The board found that the successful creation of the fire pond was not assured and could have resulted in both fire pond failure to retain water and the destruction of the affected wetlands.
The board found the maintenance of the pond was not suffiently defined.
John Gryval
Chairman
Board of Adjustment
Date: September 5, 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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