Town of Buxton
Board of Appeals
Tuesday, December 7, 2010 at 7:00 p.m.
Members in attendance: Stephen Heroux, Charlene Libby, Peter Leavitt and Penny Booker.
Members not in attendance: Jack Hanna
Chairman Stephen Heroux explains the difference between the two appeals and the appeal process. Tonight's administrative appeal is based on a denied building permit from the Code Enforcement Officer. With that said, he requested for the public hearing to open.
" Motioned by Penny, seconded by Charlene to open the public hearing for James and Susan Hollen. The motion opened with a 4 - 0 vote.
Public Hearing: James & Susan Hollen are requesting an Administrative Appeal for a deck in the shoreland/Residential district. The property is located at 67 Proprietors Road. The request was denied under Section 4.2.C.1a.iii of the Buxton Zoning Ordinance due to the structure already exceeding the maximum allowed floor area; Tax Map 1A, Lots 82.
Susan Hollen stated they have been trying to get this deck since 2007. This time they are requesting clarification for the basement square footage. In the past, the basement was always considered as living space and they were denied due to having over 1,000 square feet with in 75 fee of the pond. Now requirements and. Fred submitted a letter dated December 6, 2010, which he agreed with the Hollen's, stating that according to DEP and Section 4.2.C.1aiii of the Town of Buxton Zoning Ordinance, the basement is not considered part of the square footage requirement. This making their living space under 1,000 sq.ft. However, there is an 8 x 10 foot shed located within the 1,000-foot setback.
They are now disputing the measurements for the main house. Fred is reporting 840 sq. ft. for the main house and 126 sq ft for the mudroom plus the shed exceeds 1,000 sq. ft. With the Hollen's submission, they measured 884 sq. ft. without the basement. The Hollen's are willing to move the shed back out of the 75 -foot setback and use the remaining square footage to determine the size of the deck.
Penny asked for clarification for the location of the deck. Mrs. Hollen pointed to the location of the deck. Stephen confirmed the diminutions of the building being 36' long and 29' wide.
Stephen asked Code Officer Fred Farnham to come to the podium to present his findings to the Board.
Fred Farnham displayed a diagram of the Hollan's house in proportion to Bonny Eagle Pond and explained that the prior owner had a fire and rebuilt to the maximum 30% expansion for a non-conforming lot. A deck was added to the side and later closed in, which is presently the 7-foot mudroom. Two things involved, the house is located between 25-foot and 75-foot zone of Bonny Eagle Pond. Not allowing anything larger than 1,000 square feet within this zone. This why they had to determine floor area that is occupied within the 75-foot zone.
Fred read off a timeline starting in December of 2007 when the Hollen's first submitted an application for a 12 x 16 deck. They were denied due to already meeting the 30% expansion. The present request is for a 12 x 24 deck. Mike Morse from DEP, said that no deck will be able to go on the front of the house (towards the pond), it will be an encroachment in to the Shoreland setback. They also discussed whether the basement floor counted as living space and he said it does not, so we are only dealing with the first floor. Peter asked if they are asking for the deck to be on the side of the house now. Fred said that is the only place they can if they meet the side setbacks.
Fred's measurements on record for the main house are 22 x 30 = 660
18 x 10= 180
Total 840 sq. ft.
Fred also noticed the foundation and the permit request for the closed in mudroom is for 7 x 18 = 126 added to the 840 = 966 sq. ft. Leaving only 44 sq. ft. for a deck. Stephen clarified the measurements and that they are exterior dimensions. Peter asked why the shed matters if it is not living space. Fred explained it the ground coverage within the 75 feet. The Hollen's could move the shed out of the 75-foot zone. This would give them more square footage for the deck.
Susan Hollen said this is the first time she has heard that the deck could not be attached to the front (pond side) of the house. Mr. Hollen still has question on the measurements they came up with 840 total and would like
Peter asked if any other Board members have ever heard of this setback, if it is correct and if the DEP official is correct. Should we verify this? Charlene reads Section 4.2.C.3.c and clarifies the reference.
Stephen suggested for the Hollen's and Fred to take measurements together. Susan Hollen said they would need to go back and rethink what they want to do and asked what their options where. They would like to table the meeting until the first Tuesday in January.
Abutter comments: Abutter Larry Smith would like to speak in favor of the deck and want to express the importance of enjoying your home, respect to the pond and family life. This family far exceeds this. They deserve to have the facilities to enjoy the home that you live in, to make life enjoyable and a close nit family.
" Stephen motioned to close this portion of the public hearing at 7:28 p.m., seconded by Charlene the motion passed with a 4 - 0 vote.
Stephen said he has no problem tabling the application if it's to generate more information.
Stephen asked for a vote of all those interested in tabling the Administrative Appeal application for James and Susan Hollen. The motion carried with a 4 - 0 vote. The appeal will be tabled to the first Tuesday of January.
Approval of Minutes:
December 1, 2009
" Stephen motioned to approve the minutes as written, seconded by Charlene, the motion passed with a 3-afirmative votes and 1 abstention by Penny.
June 1, 2010
" Stephen motioned to approve the minutes as written, seconded by Charlene, the motion passed with a 3 affirmative votes and 1 abstention by Peter.
October 5, 2010
Correction was made to Charlene NOT being in attendance.
" Stephen motioned to approve the minutes of October 5th as amended, seconded by Penny, the motion passed with 3 affirmative votes and Charlene abstaining.
CEO Report - none
Approval of bills: Stephen motioned to pay Portland Press Herald in the amount of $23.49 and $25.23 to cover legal adds. Seconded by Charlene, the motion passed with a 4 - 0 vote.
Communications - Maine Townsman
Other Business - none
Adjourn - The meeting adjourned at 7:34 p.m.
Krystal L. Dyer
Approval Date: __________
Stephen Heroux, Chairman Signature Date