From: Karen Edwards Sent: Monday, March 07, 2016 12:44 PM To: Karen Edwards Subject: FW: ZBA March 8 | Boley/Zych application to build at 80 Wiswall Road From: RobinM [] Sent: Monday, March 07, 2016 12:18 PM To: Karen Edwards Cc: Audrey Cline; Rob Swift; Ann Welsh Subject: ZBA March 8 | Boley/Zych application to build at 80 Wiswall Road Greetings, Karen -- Please forward this note to the Zoning Board of Adjustment for tomorrow night's meeting. Thank you. * Zoning Board of Adjustment Durham, NH 03824 RE: PUBLIC HEARING on a petition submitted by Jennings & Celie Boley, Portsmouth, New Hampshire, on behalf of Terry W. & Linda E. Zych, Intervale, New Hampshire, for an APPLICATION FOR SPECIAL EXCEPTION as per Article IX, Section 175-29(B) of the Durham Zoning Ordinance to construct a house and septic system on an existing lot of record within the Wetland Conservation Overlay District. The property involved is shown on Tax Map 14, Lot 27-2, is located at 80 Wiswall Road, and is in the Rural Zoning District. Dear Members of the ZBA -- As a former member of the Conservation Commission and one who has advocated for the protection of our wetlands and shoreland over the past 9 years, both as an individual and as a member of the Town Council, I write to ask you to urge the applicant to reduce the size and/or configuration of the proposed house so as to avoid entirely any encroachment into the wetland setback. Wetlands are not just a developer's nuisance. They play important functions, including providing us with cleaner drinking water (as in this case, along the Lamprey) and mitigating flooding. While each case before the ZBA must be considered on its own merits, the cumulative effect of granting exceptions and waivers for our shoreland and wetland protection is significant. Purchasers of land within Durham cannot help but be aware of the broad dispersal of wetlands throughout the community and the related building challenges. Thus, even for purchases made prior to the adoption of our Wetlands and Shoreland protection overlays, there had to be a willingness by the buyer to take on a *caveat emptor* risk: one might not be able to do exactly what one wanted on that given property. Please take seriously the concept of *death by a thousand cuts* threats to our WPO and SPO zoning. Where it is a question of *want* or *like to* on the part of a property owner who comes up against the common good, please urge the applicant to consider alternative solutions. For example, couldn't the two areas of encroachment shown on the site plan be eliminated (1) by shortening the length of the porch and moving the garage in/tighter or (2) by creating a chamford corner (cutting it on the diagonal) -- perhaps with an attractive window -- on the house? Or could the size of the structure be reduced entirely? (The site plan does not show these measurements.) Thank you for your consideration. Sincerely yours, Robin Mower Durham, NH 03824 * * *