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Town Seal
Board of Appeals Minutes 06/07/2005
Prepared by:    Krystal Dyer

Members Present:        Stephen Heroux, Dennis Sweatt, Charlene Libby and Peter Leavitt.
Members Absent:  Jack Hanna

Others Present: Fred Farnham, CEO, Carol Gagnon and Steven Brown.

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

·       Charlene motioned to open the public hearing, seconded by Dennis the motion passed with a 4 – 0 vote.
Carol Gagnon of 46 Roberts Street is requesting a variance for a 1’ reduction in the sideline set back for an existing duplex; Tax Map 10, Lot 138.  Carol Gagnon stated that she was in the process of purchasing a duplex when the title search indicated the building was 1 foot too close to the property line.   Stephen clarified that the required set backs in the residential zone are 30 feet.  Ms. Gagnon is requesting a one-foot variance to relax the setback to 29 feet.  
Charlene questioned whether the Board should be reviewing the application as an administrative appeal, feeling the item in question is the building permit that was issued in 1992.  
Steve Brown, the previous owner and builder, stated that the flags were 2 feet to the right of the original property line.  The foundation stakes were not correct with the hole.  He stated he probably should have had the property re-surveyed and due to the placement of the leachfield and wet areas on the property the placement of the duplex was limited.  Mr. Brown made an unsuccessful attempt to purchase land from the abutter.  The property has been mortgaged twice before with no problems.  
Charlene questioned whether there are any other buildings within forty (40) feet of the duplex.  Mr. Brown said the next building is approximately 125 feet away.  
Fred Farnham, Code Enforcement Officer, informed the Board that the lot was created in 1997, being surveyed and a line established with cut trees. A permit was issued in 2001 for a duplex dwelling.  The building was situated on a knoll, to the left side of the knoll the property drops off to wet area.  The cut trees are still visible.  The foundation was from this assumed line that measured 31-feet.  
        Charlene felt that 6.2.B.2 is specifically written for single family dwellings, not for duplexes.  Steve suggested pursuing 6.2.B, the Board agreed.
Abutters:  no abutters or public were in attendance.
·       Motioned by Dennis, seconded by Charlene to close this part of the meeting

1.The land in question cannot yield a reasonable return under the requirements of this ordinance; Dennis felt the property couldn’t yield a return if the applicant can’t get a loan if they are not in compliance with the Towns ordinance on set backs.
·       Dennis motioned that the property would not yield a return since it would not meet the setbacks in our ordinance.  Seconded by Charlene the motion passed with a 4 – 0 vote.   
2.The need for a variance is due to the unique circumstances of the property and not the general condition in the neighborhood;  
·       Dennis felt that it meets the need for the variance due to the closeness of the property line and would not change the general condition of the neighborhood.  Seconded by Charlene the motion passed with a 4 – 0 vote.   

3.The granting of a variance will not alter the essential character of the locality;
·       Dennis recognizes the need for the variance and felt that granting a one-foot variance will not change the character of any of the other properties in the area.  Seconded by Charlene the motion passed with a 4 – 0 vote.   

4.These conditions are not the result of action taken by the applicant for a variance or a prior owner.
Stephen stated it was all done in good faith using an experts survey with the assumption they were correct.  
·       Dennis motioned that the hard ship is met due to the layout and property line being done in good faith and it was an error. Seconded by Charlene the motion passed with a 4 – 0 vote.   

·       Dennis motioned to grant Carol Gagnon a 1-foot set back variance for her Roberts Street property in Buxton.  Seconded by Charlene the motion passed with a 4 – 0 vote.   

CEO Report: none

Approval of Minutes:  May 3, 2005 -     

Maine Townsman- May
Budget update
Approval of Bills:  Motioned by Charlene, seconded by Dennis to pay  Portland Press Herald  $28.05 for legal ads for the May meeting.   Motion passed with a 4– 0 vote.

Other Business:  Election of officers – Dennis motioned to keep the officers at the current status of Stephen Heroux as Chairman and Dennis Sweatt as Vice Chairman for 2005.  The motion passed with a 4 – 0 vote.

Stephen does not want to change section 6.2.B.2 of the ordinance to accommodate for multifamily, income property should be separated from a primary residential property.  The Board would like to discuss at a later meeting when all members are in attendance, before the 2006 town meeting.
·       Being no further business, moved by Dennis, seconded by Charlene, to adjourn at 7:35 p.m.  The vote was unanimous.
                                                        Respectfully submitted,
                                                        Krystal L. Dyer
Approval Date:          

____________________________________________            __________________
Stephen Heroux, Chairman                                        Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
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