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Town Seal
 
Board of Appeals Minutes 12/06/2005
   Town of Buxton Board of Appeals
Meeting Minutes of December 6, 2005

Prepared by:    Krystal Dyer

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

Others Present: Fred Farnham, CEO.

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

Robie Wagner of Buxton Mini Mart at 10 Turkey Lane is requesting a variance for a reduction in a front lot line setback to allow a 20' x 20' canopy over the existing gas pumps; Tax Map 18, Lot 19D.   
"       Motioned by Peter, seconded by Jack to open the public hearing.  The motion passed with a 3 - 0 vote.
Mr. Wagner explains the reason for the variance request is to upgrade he pump area to the new minimum fire suppression regulations.  The new requirements are for three 200 lb. bottles. In order to do this he needs to install a 20' x 20' canopy over the gas pumps.  The pump island is located on the 33' right-0f-2way line of Turkey Lane. This would make the canopy protrude 10 feet into the Towns right-of-way.  The Board of Selectmen signed a "revocable License" that allows 10 feet of the canopy to protrude over and into Turkey Lane right-of-way.  The front yard   setback will be reduced from 40 ' to 0'.   
Questions from the Board:  Stephen questions the distance to the centerline of the road.  Mr. Wagner said the center of the gas islands is 33 feet from the centerline of the road.   Stephen asked if the Fire Marshal has done an inspection.  The new system will have State Fire Marshals approval.

CEO Comments:  Fred Farnham stated the difficulty of the canopy not only needed variance to reduce the front yard setback from 40' to 0', but also required revocable License from the Selectmen.  The lot it is a grandfathered lot.   
Selectman Robert Libby said it was a unanimous vote from the Board of Selectmen to approve the revocable license.   He feels it will dress up and improve the village area.  Jack said there are plenty of parking spaces on the lot.
"       Motioned by Peter, seconded by Jack to close this portion of the meeting.  The motion passed with a 3 - 0 vote.
Discussion within the Board:  Stephen does not see any issues if the variance is granted and it is tied to the agreement from the Selectmen.  

The four forms of hardship:

1.The land in question cannot yield a reasonable return under the requirements of this  
   ordinance:
"       Stephen motioned that the requirement for Mr. Wagner to meet current fire suppression regulation is needed to maintain the service station.  Seconded by Jack the motion passed with a 2 - 1 vote.   
2.The need for a variance is due to the unique circumstances of the property and not the general   
    conditions in the neighborhood:  
"       Stephen motioned that it is an old property and the canopy is needed and it meets all safety issues. 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:
"       Stephen motioned that it fits in with the business there since it will not change, but will improve the neighborhood.  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:
"       Stephen motioned that the need for the canopy is for public safety.   Seconded by Jack the motion passed with a 3 - 0 vote.   

"       Stephen motioned to grant the variance to Robie Wagner based on the criteria established in the document from the Selectmen, stating the requirements and timeline.   Seconded by Jack the motion passed with a 3 - 0 vote.  

Richard Symonies, Jr. and Maria Dunafin of 23 Warren Road is requesting a variance for a reduction in a rear lot line setback for an existing deck; Tax Map 1, Lot 197-2A.
"       Motioned by Stephen, seconded by Jack to open the public hearing.  The motion passed with a 3 - 0 vote.
New owner James Root explained during the process to purchase the home, the bank survey discovered that the deck was built 13 from the rear property line.  Mr. Root is requesting a variance to relax the rear property line by 7-foot reduction.   Mr. & Mrs. Root purchased the property on November 30, 2005.   Stephen questioned if the Board can hear the application with the applicant not in attendance.  The Board agreed to pursue since the applicant indicated the new owner on the application.  
Fred Farnham indicated a permit was not issued for the deck with the original house permit.  The mortgage survey submitted at the meeting would be acceptable in determining the pin location.
Stephen asked Mr. Root if he had attempted to purchase land from the abutter and what could   be done to make the existing deck in conformance.  Mr. Root indicated he did not try to buy land from an abutter and he would have to cut off a major section of the deck and replace with patio stones.  
Having no public comments.  
"       Peter motioned to close the public hearing, seconded by Jack the motion passed with a 3 - 0 vote.
Referencing 6.2.B.2 the Board is only allowed to give a 20% reduction and it would not be enough and the applicant would have to meet all 4 forms of hardship.  


Four forms of hardship:
1.The land in question cannot yield a reasonable return under the requirements of this  
   ordinance:  Stephen stated the house just sold in its existing condition the Board voted 0 - 3 that it did not meet the first hardship.  And it will not meet the next three hardships. The Board cannot grant the variance.


Approval of Minutes: May 3, 2005 - Stephen moved to approve the minutes of May 3rd as written.  Seconded by Jack, the motion passed with a 3 - 0 vote.  

CEO Report: none

Approval of Bills:  Stephen motioned to pay Portland Press Herald $54.40, seconded by Jack the motion passed with a 3 - 0 vote.

Communications:  
*Maine Townsman- November

Other Business:  Would like all five members at the next meeting.
"       Being no further business, moved by Dennis, seconded by Jack, to adjourn at 7:40 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
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm