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Town Seal
 
Board of Appeals Minutes 04/04/2006
Prepared by:    Krystal Dyer

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

Others Present: Francoise Paradis, Lary Owen, Joyce & Paul Lurvey, Donald Doyle, Lucy Gorham, Sharon & Barbara Elwell, Keith Emery and Fred Farnham.

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

Francoise Paradis of 50 Marshall Lane has submitted an application for an administrative appeal for a misinterpretation of the Ordinance; Tax Map 10, Lots 147.
·       Motioned by Charlene, seconded by Jack to open the public hearing at 7:01.  The motion passed with a 4 – 0 vote.
Ms. Paradis explained she owns two parcels of land at the end of Marshall Lane; one has her existing home.  She purchased the second parcel and wants to build a cluster development or condo units.  At the very least she wants to build herself a home.  Marshal Lane is only 33.03 feet wide; the Town requirement is 50 feet.  The Right-of-way was granted in 1984.  The section of the road is short and flat, she feel that 33.03 feet would be wide enough to access her property.  
Questions of the Board:  Stephen asked when the ROW was created?  Ms. Paradis said the ROW was created in 1984 when Paul and Joyce Lurvey purchased lot 118-2; access was given to them at that time.  The ROW was granted for lots 118-1 and 118-2.   A map dated 1974 (a land survey for Lucy Gorham) indicated the ROW as Marshall Road.  Fred denied the building application due to sections 10.1 access to roads- requires a fifty foot wide deeded right-of-way.  In Section 10.1.B no building can be located more than 100 feet from a public way unless an access road meets section 10.1.A, which requires frontage.  Charlene asked what the building permit was for?  Fred indicated the building permit was for the first dwelling of a 10-unit subdivision.  
Abutters questions:  Lucy Gorham, owner of lot 148 in which the ROW passes across, states this ROW deeded to Sharon & Barbara Elwell for the purpose to access lots 118-1 & 2 only.  The prior owners of lot 147 never secured a deeded ROW.  The lot was used as a wood lot and when they harvested the lot, they would call and request access to use the ROW.   Ms. Gorham states that Ms. Paradis needs to negotiate a legal ROW to lot 147.  Joyce Lurvey purchased lot 118-2 in 1984, a bank survey indicated the Town’s tax maps were incorrect.  The correction was made to the Town’s map at that time.  Keith Emery questions if the appeal is directed towards the width of the ROW?  Stephen explains it was the lack of frontage for the lot, since Marshall Lane is not a deeded ROW for lot 147.  Keith Gorham clarifies that if a legal ROW does not exist, then there is no frontage.  The deed for lot 147 does not mention a ROW or easement to access the lot.
A plan dated October 1986, by Robert Yarumian indicates Marshall Lane being 751.57 feet long and 33.03 feet wide.

Joyce Lurvey asked Ms. Paradis - Seeing that your house is for sale now, if she intends to live on this property or have it developed?  Ms. Paradis responded with she plans to develop it myself and I think I will live there; I have a practice there.  Don Doyle abutter and owner of lot 146-1 said it would be another 900 feet to reach lot 147 and doesn’t feel a 33 foot road will accommodate the traffic that would be created by a 10 homes or condo unit.  Ms. Paradis approached Ms. Gorham this past summer to negotiate to purchase land to widen the road. She   did not contact any other abutters.
·       Motioned by Charlene, seconded by Jack to close public hearing.  The motion passed with a 4 – 0 vote.
Discussion within the Board:  Stephen – In all the documentation presented, the ROW does not exist for lot 147.  With out a ROW, there is no road; with out a road there is no frontage.  Jack feels the next step for Ms. Paradis will need to contact Ms. Gorham.  Charlene and Peter are in agreement.
·       Stephen motioned to deny the administrative appeal with based on the deed information presented, showing that the right-of-way does exist. on that property, Seconded by Jack the motion passed with a 3 – 0 – 1 vote.   Charlene abstained.

CEO Report:     none

Approval of Minutes:
December 6, 2005 – Motioned by Jack, seconded by Stephen to accept the
minutes as written, the motion passed with a 3 – 0 vote.
        March 7, 2006– Motioned by Charlene, seconded by Jack to accept the minutes as written,
the motion passed with a 3 – 0 vote.

Approval of Bills: Charlene motioned to pay Portland Press Herald $22.10, seconded by Jack the motion passed with a 4 – 0 vote.

Communications:  
*Maine Townsman- March

Other Business:  
Election of officers:
Chairman – Charlene motioned to nominate Stephen Heroux for Chairman, seconded by
Jack.  The motion passed with a 4 – 0 vote.
Vice Chairman – Jake motioned to nominate Charlene for Vice Chairman, seconded by
Jack.  The motion passed with a 4 – 0 vote.

·       Being no further business, moved by Charlene, seconded by Jack, to adjourn at 7:48 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