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Town Seal
Board of Appeals Minutes 12/06/2006
Prepared by:    Krystal Dyer

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

Chairman Stephen Heroux called the meeting to order at 7:05 p.m.  

Joline Beardsley of 162 Hurlin Smith Road is requesting a front setback variance to add a porch; Tax Map 18, Lots 3B.
·       Motioned by Dennis, seconded by Charlene to open the public hearing.  The motion passed with a 5 – 0 vote.
Ms. Beardsley is requesting an 8-foot front yard setback variance to build a deck/porch to extend her living space for family gatherings.  Her house is located in the village zone where all the other homes are located closer to the road than her house is.  
Code Enforcement Officer Fred Farnham submitted a letter along with a diagram comparing
the distance between the houses and the edge of the road, stating that the required front yard setback in the village zone is 40 feet.  Hurlin Smith Road being a 66’ wide road, Fred measured 33 feet from the centerline.  Under the practical necessity the Board is allow to grant up to 20% of the frontage, which would be 8 feet.   Fred measured Ms. Beardsley’s house to be 52 feet from the edge of the tar adding that even with an 8-foot deck her house would still be back further from the road than the other houses.
  Jack suggests for Ms. Beardsley to go for an 8-foot deck rather than the requested 6-foot.  Section 6.2.B.2 allows the Board to reduce the setback by 20%.

·       Motioned by Dennis, seconded by Charlene to close this portion of the meeting.  The motion passed with a 5 – 0 vote.

Discussion within the Board:  Peter feels that the 20% reduction set back is applicable to the 40 feet, allowing the applicant to have an 8-foot variance.   Dennis would like to have a measurement figure in the findings.  Stephen interprets 6.2.B.2 as allowing Ms. Beardsley to go down to a 32 foot set back.  Since there are no surveys and the measuring was done with a wheel, Fred is not comfortable setting a setback number to the variance.  

The three required hardships:

2.The need for a variance is due to the unique circumstances of the property and not the general   
    conditions in the neighborhood:   The applicant stated that the house was built in the 1950’s (before zoning) since then all the other homes have been placed closer to the road.  
·       The Board is in agreement that it meets this requirement, with a 5 – 0 vote.

3.The granting of a variance will not alter the essential character of the locality:  The applicant said that by adding a porch to the house it would blend into the neighborhood.  Stephen agreed that all the other houses are already close to the road and by adding a porch would not alter the character.
·       The Board agrees that this requirement is met with a 5 – 0 vote.

4.These conditions are not the result of action taken by the applicant for a variance or a prior  
   owner:  Ms. Beardsley stated the house was built in the 50’s.  Dennis agrees that the action is not taken by the applicant or the prior owner.
·       The Board is in agreement that the application meets this requirement with a 5 – 0 vote.

·       Dennis motioned to grant Joline Beardsley up to an 8-foot variance from the existing structure encroaching into the front setback, to build a porch.   Seconded by Charlene the motion passed with a 4 – 1 vote.  

Approval of Minutes:
June 7, 2005 - Dennis moved to approve the minutes of June 7th, 2005 as written.  Seconded by Stephen, the motion passed with a 4 – 1 vote.     Jack abstained.

November 1, 2005 - Dennis moved to approve the minutes of November 1, 2005 as written.  Seconded by Stephen, the motion passed with a 3 – 2 vote.        Charlene and Peter abstained.

April 4, 2006 – Charlene moved to approve the minutes of April 4, 2006 as written.  Seconded by Stephen, the motion passed with a 4 – 1 vote.   Dennis abstained

CEO Report: none

Approval of Bills: Dennis motioned to pay Portland Press Herald $22.10, seconded by Stephen the motion passed with a 5 – 0 vote.

*Maine Townsman- April, May & June

Other Business:  
Dennis requested to review the files on previous two applications Young and Jerry.

·       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
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.