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Town Seal
Board of Appeals Minutes 02/01/2005
Prepared by:    Krystal Dyer

Members Present:        Stephen Heroux, Dennis Sweatt, Peter Leavitt and Jack Hanna

Members Absent:  Charlene Libby

Others Present: Fred Farnham, CEO, Peter Daniels, and Jack Chase

Chairman Stephen Heroux called the meeting to order at 7:00 p.m.

Peter Daniels of 32 Davis Road is requesting a 3 ‘ variance from the sideline set back, located in the Village zone, Tax Map 2, Lot 59-4.
·       Dennis motioned to open the public hearing for Peter Daniels of 32 Davis Road for a variance to reduce the sideline setback.  Seconded by Jack, the motion passed with a 4 – 0 vote.
Mr. Daniels stated that the builder set the foundation approximately 18 inches from the sideline set back.  He could not get the builder to make any corrections.  Trying to resolve the problem with the abutter, Mr. Daniels returned to the Planning Board to amend a lot line.  There were closing issues with the mortgage lenders and the Planning Board had to rescind their decision.  

Fred submitted a letter giving the board the history leading to the problem.  The porch is protruding into the setback by 18 inches.  

Stephen stated that the home is located in the village zone, which requires a 20-foot setback.  The Board is allowed to reduce the side setback by 20%.   

·       Dennis motioned to vote on the three hardship requirements to meet the variance, seconded by Jack, the motion passed with a 4 – 0 vote.
Stephen read Article 6.2.B.2 hardship question #2, the need for the variance is due to the unique circumstance of the property and not to the general condition in the neighborhood.  
·       Dennis motioned the applicant has met the requirement since the variance is due to the unique circumstance of the foundation being built too close to the property line and not to the fault of the owner.  Seconded by Jack, the motion passed with a 4 – 0 vote.
·       Hardship #3:  Motioned by Dennis, seconded by Jack the granting of this variance will not alter the essential character or the locality; due to the fact that the applicant has tried to resolve the situation with the abutter.  The motion passed with a 4 – 0 vote.
·       Hardship #4:  Dennis motioned the hardship is not due to action taken by the applicant it was actions taken by the contractor.  Seconded by Jack, the motion passed with a 3 – 1 vote; Dennis, Stephen and Jack vote in favor, Peter against.

Stephen asked if any abutters or anyone from the public wanted to speak.  There were none.

·       Motioned by Dennis to accept the variance on 6.2.B.2 reducing the setback by 3 feet, that would reduce down to 17 feet.  Seconded by Jack, the motion passed with a 4 – 0 vote.
·       Dennis motioned to close the public hearing, seconded by Jack.  The motion passed unanimously.

Approval of Minutes:  December 7, 2004 - motioned by Dennis, seconded by Jack to accept the minutes of December 7, 2004 as written.  The motion passed with a 3 – 0 - 1 vote.  Peter abstained.
CEO Report:   none
Approval of Bills:  Motioned by Dennis, seconded by Jack to pay Portland Papers $22.10 for legal ads for the appeals of Norbert Yankowsky at the December 7th meeting. Motion passed with a 4 – 0 vote.

*Maine Townsman issues – December & January
*Budget update
Krystal informed the Board that the budget request was submitted with the same amount as last year,  $500.

Being no further business, moved by Dennis, seconded by Jack, to adjourn at 7:12 p.m.  The vote was unanimous in favor.
                                                        Respectfully submitted,

                                                        Krystal L. Dyer
Approval Date:          

____________________________________________            __________________
Stephen Heroux, Chairman                                        Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
For departmental office hours please visit that department's home page.