Notice of Decision

Posted on: September 27, 2023 - 12:27pm

Notice of Decision - Granted

Town of Stoddard

Zoning Board of Adjustment

 

Case No. 2023-0119                                                                                                       September 21, 2023

You are hereby notified that the appeal of Scott Austin for relief to construct a two-story garage within the required 25-foot required setback on property located at 2375 Valley Road, Stoddard, NH, Tax Map #101, Lot #71 in the Lake District, regarding Article III, Section 1 of the Stoddard Community Planning Ordinance, has been GRANTED by the affirmative vote of at least three members of the Zoning of Adjustment.

Findings of fact from the evidence of the case presented and discussed at the above public hearing:

1. Granting would not be contrary to the public interest; and 2. The spirit of the ordinance will be observed. Applicant is asking for reasonable use of the property given that it was developed prior to today’s regulations.

 3. Would do Substantial justice: There is no evidence the benefit to the applicant is outweighed by harm to the general public. He has spoken with his neighbors and said they approve of his project.

4. Value of surrounding properties will not be diminished:  Usually new construction increases the value of surrounding properties and there is no testimony stating the property value would be diminished.

5. Unnecessary hardship:

5a1. No fair and substantial relationship exists between the general public purpose of the ordinance and the specific application of the ordinance to the proposed project: The existing use today is non-conforming. The other lots in that area are also non-conforming, to move the proposed building to meet the setback requirement is not possible in this case do to rocks making this lot unique.

5a2. Proposed use is a reasonable request: It is reasonable for a homeowner to have a garage for storage of valuables such as a car, boat and tools.

Conditions: None

Herbert C. Healy

Chairperson, Zoning Board of Adjustment

This approval shall be valid if exercised within two years from the date of final approval, and shall not expire within six (6) months after the resolution of a planning application filed in reliance upon this decision, as per RSA674:33, IV.

Note: The selectmen, any party to the action, or any person directly affected has a right to appeal this decision.  See New Hampshire Revised Statutes Annotated, Chapter 677 available online at www.NH.gov. This notice has been placed on file and made available for public inspection in the records of the ZBA.  Copies of this notice have been distributed to the applicant, Planning Board, Board of Selectmen, Town Clerk, and Property Tax Assessor.