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Town Seal
 
Board of Appeals Minutes 11/01/2005
Prepared by:    Krystal Dyer

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

Others Present: Fred Farnham, CEO.

Chairman Stephen Heroux called the meeting to order at 7:13 p.m.

Fred Farnham requested for the meeting to be dedicated in the memory of Loren Downy who served as chairman of the Board of Appeals for 15 years.   
·       Dennis motioned to open the public hearing for Christopher Carroll, seconded by Jack the motion passed with a 3 – 0 vote.
Christopher Carroll owner of property located at 53 Salmon Falls road, is proposing to tear down and re-construct single family residence in the Shoreland Zone; Tax Map 12, Lot 35.   Christopher Carroll requested a setback and building envelope variance to reduce a required a 40-foot front setback.  Mr. Carroll’s intentions are to tear the existing 1510 sq. ft. house down and build a new 2060 sq. ft. house in the same location.  Using the existing buildings setbacks.  The Saco River Corridor Commission approved the plan with conditions, on September 28th.   The house can be built 90 feet from the high water mark of the river.   The SRCC outlined a building envelope for the new structure.   
Questions from the Board:  Dennis asked the distance from the road to the existing building.  Mr. Carroll said there is 24 feet from the road to the building and 12 feet from the property line.    
Code Enforcement:  Fred submitted a letter to the Board of Appeals members dated October 28th with his concerns.   Fred Farnham states he is a direct abutter the proposed project.  Speaking as the Code Enforcement officer states the SRCC tries to maintain as much setback from the river as possible.  The Town requires 75 feet from the river.   Being a non-conforming lot in the Shoreland zone the amount of impervious surface vs. the amount of green space.  Section 11.20.B requires 20% of the lot can be covered by structures, driveways, patios etc. or 4,420 sq. ft.  The proposed house will use 1,848 sq. ft.  Fred agrees the existing building needs to be demolished.  
Abutters:  Fred Farnham speaking as an abutter said, another house that was in disrepair on Salmon Falls Road was purchased by Mr. Robert Carroll.  It has been refurbished, making it an attribute to the village area and feels Chris will do the same.  He looks forward to seeing the original character brought back to that section of town.   
·       Motioned by Dennis, seconded by Jack to close this portion of the meeting.  The motion passed with a 3 – 0 vote.
Discussion within the Board:  Stephen feels Mr. Carroll is doing the best with what is there.  He is following the SRCC instructions and the Town’s restrictions.  Dennis’ biggest concern was with the front setback and not to make the already non-conforming lot, more non-conforming.  Section 4.2.C.1 the expansion of the use cannot expand more than 30%of the existing space.     
·       Dennis motion to open the public hearing again for Christopher Carroll.  Seconded by Jack, the motion passed with a 3 – 0 vote.
Stephen asked Mr. Carroll if he could conform to 2015 sq. ft. this would include the first and second floor.  Mr. Carroll’s plan contains approximately 2,100 sq. ft.  
Section 4.2.C.3 to meet the setback from the road.
·       Motioned by Dennis, seconded by Jack to close this portion of the public hearing for Christopher Carroll for the second time.  The motion passed with a 3 – 0 vote.
·       Motioned by Stephen, seconded by Dennis according to section 4.2.C1 for expansion to 30% will allow up to of 2,015 sq. ft. and a front setback maintained at 12 feet in accordance with 4.2.C.3

1.The land in question cannot yield a reasonable return under the requirements of this  
   ordinance:

·       Dennis motioned that he has met that requirement, because the building was in such disarray that it needs to be torn down.  Seconded by Jack the motion passed with a 3 – 0 vote.   
2.The need for a variance is due to the unique circumstances of the property and not the general   
    conditions in the neighborhood:  
·       Dennis motioned that it due to unique circumstances because the lot was created before zoning which makes it a non-conforming lot.    Seconded by Jack the motion passed with a 3 – 0 vote.   

3.The granting of a variance will not alter the essential character of the locality:
·       Dennis motioned that the applicant has met the requirement since it will not change, but will improve the neighborhood it will remain residential.  Seconded by Jack the motion passed with a 3 – 0 vote.   

4.These conditions are not the result of action taken by the applicant for a variance or a prior  
   owner:

·       Dennis motioned that the applicant has met the hard ship it was not self-created, the building has been in disarray, does not meet current codes and has been unlivable for many years.   Seconded by Jack the motion passed with a 3 – 0 vote.   

·       Stephen motioned to grant a building restructure variance under 4.2.C.1 allowing to build up to 2015 sq. ft. and a front set back variance under 4.2.E.4 up to 12 feet. Seconded by Jack the motion passed with a 3 – 0 vote.   

Michael & Mary Beaudoin are requesting an administrative appeal to install a foundation under an existing dwelling in the Shoreland Zone, located at 91 Bonny Eagle Pond, Standish; Tax Map 1A, Lot 126 & 127A.
·       Jack motioned to open the public hearing for Michael & Mary Beaudoin, seconded by Dennis the motion passed with a 3 – 0 vote.
Michael Beaudoin informs the Board that he wants to build a foundation under the existing home.  It will not alter the height of the dwelling.  A 5 x 5 doghouse will be added to the side to access the basement, used for storage only (no living space).  The building sits on two town lines, 2/3 of the building is in Standish and 1/3 is located in Buxton.  Mr. Beaudoin intends to pour 4 to 6 feet and use blocks on the remaining, trying to do as little excavating as possible.  The dwelling is located 50 feet from the water.  Less than 75 feet from Shoreland the ordinance allows up to 1000 sq. ft. capacity, the request is for approximately 900 sq. ft.   Mr. Beaudoin also intends to install a slab under a 6 x 9 entry area.  Making the total area 954 sq. ft.   A 4-foot frost wall will be needed under the 6 x 9 entry area.  Mr. Beaudoin will contact Fred for the permit to rebuild the entryway.
        Fred confirms that the flood plain elevation has been considered, stressing the importance of the basement floor being one foot above the flood plain level.   Fred questions the Chimney repair.  Mr. Beaudoin stated he had repaired the base of the chimney because it was crumbling away.   
·       Motioned by Jack, seconded by Dennis to close this portion of the meeting.  The motion passed with a 3 – 0 vote.

1.The land in question cannot yield a reasonable return under the requirements of this ordinance;   
o       Dennis motioned that since the house is on posts, they will rot away and the applicant will not get a reasonable return.    Seconded by Jack the motion passed with a 3 – 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 motioned they meet the need for the variance due to the building would rot away without a foundation.  Seconded by Jack the motion passed with a 3 – 0 vote.   

3.The granting of a variance will not alter the essential character of the locality;
·       Dennis motioned that a variance will not change the character of the building; it will only make the building stronger.  Seconded by Jack the motion passed with a 3 – 0 vote.   

4.These conditions are not the result of action taken by the applicant for a variance or a prior owner.
·       Dennis motioned that the house is 60 years old and has deteriorated and doesn’t feel it was any action taken by the applicant.   Seconded by Jack the motion passed with a 2 – 1 vote, opposed by Stephen.   

·       Dennis motioned to grant the variance for adding the foundation made partially of block and concrete and a 5 x 5 doghouse entry.  Seconded by Jack the motion passed with a 3 – 0 vote.   


Lawrence Parlin of 64 Seavey Drive is requesting a variance for a reduction in a sideline setback for a breezeway addition; Tax Map 9, Lot 10-E.
o       Dennis motioned to open the public hearing for Lawrence Parlin, seconded by Jack the motion passed with a 3 – 0 vote.
Mr. & Mrs. Parlin currently has an unattached garage built in 2001, located 24 feet from the sideline.  They are requesting a variance to attached the garage to the main dwelling with a 20 x 24 x 14 (front) breezeway, which the setback requirements are 30 feet.   The property has 150 feet of road frontage; the residential zone requires a 200-foot setback, making this a non-conforming lot.  Requesting a 6-foot reduction in the side setback.  The garage is on a heated   slab.  Under section 6.2.B.2 it allows the Board to grant a variance 20% of the setback.

o       Motioned by Dennis, seconded by Jack to close this portion of the public hearing.  The motion passed with a 3 – 0 vote.

1.The land in question cannot yield a reasonable return under the requirements of this ordinance;
o       Motioned by Stephen, seconded by Jack the value and housing in the area has changed and developed by adding the breezeway will continue the trend.   All those in favor that the applicant has met the first criteria.  The motion passed with a 2 – 1 vote, opposed by Dennis.   

2.The need for a variance is due to the unique circumstances of the property and not the general condition in the neighborhood;  
·       Stephen motioned it meets the need for the variance due to a non-conforming lots always has issues with setback.  The existing garage would not change the general condition of the neighborhood.  Seconded by Dennis the motion passed with a 3 – 0 vote.   

3.The granting of a variance will not alter the essential character of the locality;
·       Stephen motioned the garage is already existing and the neighborhood has many similar expansions the granting a six-foot variance will not change the character of any of the other properties in the area.  Seconded by Dennis the motion passed with a 3 – 0 vote.   

·       Stephen motioned to grant a 6-foot side variance to construct a breezeway connecting to an existing garage and house.  Seconded by Dennis the motion passed with a 3 – 0 vote.   

CEO Report: none

Approval of Minutes: May 3, 2005 - June 7, 2005 – tabled to the next meeting.   

Approval of Bills:  none

Communications:  
*Maine Townsman- June, July, August, September & October
*Seminar in Falmouth
*New requirements for Shoreland variances -  DEP needs to know 20 days prior to the meeting.  The window will change for Shoreland applications.  The Board will discuss at the next meeting with a full board.

Other Business:  
This meeting has been dedicated in memory of Loren Downey – who served as Chairman of the Board of Appeal for 15 year.
·       Being no further business, moved by Dennis, seconded by Jack, to adjourn at 8:45 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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