Notice of Decision

Zoning Board of Adjustment

Town of Greenfield, NH

Notice of Decision

Case #2023-02

Applicant:                    Cyrus Delay

Property Location:      1 Yankee Way, Map S1-000020

You are hereby notified that the Zoning Board of Adjustment has APPROVED a request for a Variance from article D Section III of the Zoning Ordinance to permit an existing shed to be expanded to approximately 6’ from the property line.

The Board found that this would be no more nonconforming than it currently is as the existing shed is already within the setback, none of the other options for placement of the shed seemed viable, and granting the Variance would not threaten the Public Interest. The Board made the following findings regarding the 5 criteria at a public hearing and after a site walk of the subject property:

Granting the variance would not be contrary to the public interest because: The existing shed is already nonconforming; it is already within the setback.

If the variance were granted, the spirit of the ordinance would be observed because: It does not infringe on the neighbors’ ability to use their land.

Granting the variance would do substantial justice because: at .2 acres, the lot is very small.  It is difficult to effectively use the land with the required setbacks.

If the variance were granted, the values of the surrounding properties would not be diminished because: expanding the shed does not place it awkwardly close to any neighboring buildings.   

5. Unnecessary Hardship

A.            Owing to special conditions of the property that distinguish it from other properties in the area, denial of the variance would result in unnecessary hardship because:

i. No fair and substantial relation exists between the general public purposes of the ordinance provision and the specific application of that provision to the property because:  The current Zoning Ordinance limits lots to 2 acres or larger. Even the reduced setback requirements do not allow effective use of the land. The Board reviewed the calculations for proportionate size lots as III, Letter D, Paragraph 3 of the Zoning Ordinance states that for lots smaller than 2 acres, setbacks will be reduced in proportion. The Board felt that the spirit of the Ordinance was to allow people to use their undersize lots.

ii.  The proposed use is a reasonable one because:  A bigger shed is needed for storage and woodworking/mechanical projects.

Accordingly, the Board has Approved the owner a Variance to expand his existing shed to approximately 6’ from the property line.

The Selectboard, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision.  A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before October 27, 2023 and must fully specify all grounds on which the rehearing is requested (NH RSA 677:2).

Gil Morris, Chairman

Greenfield Zoning Board

Case #2023-02 decided Wednesday, September 27, 2023