China board of appeals postpones decision on permit denial

by Mary Grow

Four members of the China Board of Appeals met Oct. 2 and postponed a decision on Timothy Theriault’s request for a variance to allow a re-division of his two lots on Lakeview Drive.

Theriault wants to sell the two adjoining lots, one at 1210 Lakeview Drive and one on China Lake, separately, with lake access for the Lakeview Drive lot. Because of the location of buildings, wells and septic systems, lot boundaries need adjusting; and codes officer Nicholas French has found that the proposed adjustment violates town ordinances.

Theriault explained that he got required permits for buildings, wells and septic systems from three previous China codes officers, who approved what he did. French said he cannot approve the proposed new adjustment, because it takes too much land from the lot that now meets size requirements, creating a non-conforming lot.

Theriault therefore applied for a variance from ordinance requirements.

Board of Appeals members found the case complicated, with no clear answer in China’s ordinances. They decided they could not act without additional information, including larger maps of past and current boundaries, copies of deeds and a surveyor’s opinion on whether Theriault has alternatives.

Theriault said he could provide the requested documents promptly. The board will meet again at 2 p.m., Thursday, Oct. 9.

Board members began the meeting by electing Brent Chesley as board chairman and re-electing Michael Gee (who was absent) as secretary.

Several abutters attended the meeting. Those who spoke were concerned mainly about rights-of-way; Chesley assured them no Board of Appeals decision would affect a right-of-way.