Notice Of Decision
Board of Adjustment
Greenfield, NH 03047
Case 09-2
You are hereby notified that the Board of Adjustment has DENIED the appeal of Edmund A Ordzie, 292 Old Bennington Road, Greenfield, NH for a variance from Section III G3 of the zoning ordinance.
1. "....proposed use would not diminish surrounding property values." The Board members agreed that there was no conclusive evidence to suggest that there would be a diminishment of surrounding property values.
2. "..granting the variance would not be contrary to public interest." The Board felt that the applicant's request would be contrary to public interest.
3. "...denial of the variance would result in unnecessary hardship to the owner."
The applicant failed to establish that denial of the variance would result in unnecessary hardship. The Board found that there were reasonable alternative building sites within the 50” setback requirement.
4. "...granting the variance would do substantial justice." Board members felt that to alleviate an injustice by granting an illegal variance is not in compliance with substantial justice.
5. " ... use is not contrary to spirit of the ordinance." The Board felt that the setback request is inconsistent with the town ordinance and not within the spirit of the ordinance.
John Gryval
Chairman
Board of Adjustment
Date: December 9, 2009
Note: Any person affected has a right to appeal this decision. If you wish to appeal, you MUST ACT WITHIN TWENTY DAYS (20) 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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