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Town Seal
 
Board of Appeals Minutes 09/05/2006
Prepared by:    Krystal Dyer

Members Present:        Stephen Heroux, Peter Leavitt, Charlene Libby, Dennis Sweatt and Jack Hanna
Members Absent: none
Others Present: Fred Farnham, CEO.

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

James Ricci of 48 Boyle Road is requesting a front setback variance; Tax Map 5, Lots 40A.
·       Motioned by Dennis, seconded by Charlene to open the public hearing.  The motion passed with a 5 – 0 vote.
Mr. Ricci is requesting a 23-foot front setback variance to build a 24 x 32 garage.  The existing “L” shape driveway and the power line coming into the house are decreasing the area for a garage. The driveway would be ruined if he were to remove the trees. The house sits back 100 feet from the road and is located in the rural zone requiring a 50-foot setback.   

CEO Fred Farnham measured 31 feet from an iron pipe shown on the survey plan to the corner of Boyle Road.
Under Section 6.2.B – the applicant will have to meet all four hardship requirements.
Abutter and Public comments:  Chris Guadett does not have any problems with the proposed plan.  The owner of Map 5, Lot 44 asked if there would be any impact on Boyle Road.  There will be no impact at all.  
·       Motioned by Dennis, seconded by Jack to close the public hearing.  The motion passed with a 5 – 0 vote.

Discussion within the Board:  Stephen does not see where the four hardships can be met when other location alternative are available for the proposed garage.  Charlene feels it would be difficult to satisfy the first hardship.
·       Motioned by Peter, seconded by Jack to proceed to Section 6.2.B to vote on the four (4) hardships, the motion passed with a 5 – 0 vote.
1.  The land in question cannot yield a reasonable return under the requirements of this ordinance.  Stephen feels the 50-foot setback still allows for plenty of space for a garage.  Stephen asked for a vote - does the applicant meet the criteria for the first case of hardship the vote of  0 – 5 against, the vote did not pass and a variance cannot be granted.   The applicant will try to relocate the garage within the fifty-foot setback requirement

Approval of Minutes:
August 1, 2006 - Dennis moved to approve the minutes of August 1, 2006 as written.  Seconded by Charlene, the motion passed with a 5 – 0 vote.  

CEO Report: none

Approval of Bills: Dennis motioned to pay Portland Press Herald $21.25, seconded by Jack the motion passed with a 5 – 0 vote.

Communications:  
*Maine Townsman- June & July
*Budget update
*

Other Business:  none

·       Being no further business, moved by Dennis, seconded by Charlene, to adjourn at 7:32 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