Town of Buxton Board of Appeals
Meeting Minutes of June 3, 2008
Prepared by: Krystal Dyer
Members Present: Stephen Heroux, Dennis Sweatt and Charlene Libby
Members Absent: Peter Leavitt and Jack Hanna
Others Present: Steven Retalic, Alan Burrows, Tim & Marie Clements
Chairman Stephen Heroux called the meeting to order at 7:02 p.m.
As a Board we go by the rules in the ordinance working within the parameters set forth in the ordinance.
Steven Retalic is requesting a variance to reduce the front yard and side yard setback at 59 Hall Road; Tax Map 1A, Lot 58.
" At 7:03 pm Charlene motioned, to open the public hearing, seconded by Dennis. The motion passed with a 3 - 0 vote.
Mr. Retalic explains he proposes to remove the existing 1,108 sq.ft. (according to the tax card diminutions) structure and replace with a 2,100 sq. ft. single family dwelling with an attached garage. The left hand corner of the proposed garage will be 34 feet from the property line, in a required 40-foot setback. The requirement for the side setback is 20-feet, Mr. Retalic is requesting a one foot variance. The lot is a rectangle shaped lot that narrows to 61 feet in the rear. Meaning that if the proposed structure were to be placed further back, it would not meet side setbacks on both sides, as is the septic tank is going to moved back between the house and leachfield behind the house. The proposed dwelling would sit back further than most homes on the road. Mr. Retalic is requesting a
variance for a 6-foot front yard setback and a one-foot sideline setback on the northeast side of the property. Charlene asked if the property is in the Shoreland Zone and if it is subject to a 30% increase in space because it is more than 100 feet from the water? Fred Farnham, Code Enforcement Officer stated the lot is partially in the shoreland zone, which extends 300 feet from the Bonny Eagle Pond high water mark. The property is not subject to the 100-foot or 30% rule. But it is still in the Shoreland Zone and falls under the 20% rule. Meaning the house can't exceed more than 20% of the area and this property does not. The 20-foot setbacks are a reduction of 20% of the frontage. Mr. Retalic is looking for 20% of a 40-foot setback, which is eight feet and he only asking for six-feet. He does qualify under page 6-2 of the Zoning Ordinance since this is his primary residence, which throws out the first requirement question.
Mr. Retalic is also requesting an above ground swimming pool installed in the front of the house. The reason for placing the pool in the front is due to not wanting to cut trees and privacy issues with the abutters. Mr. Retalic has a deeded Right-of-way on Hall Road. According to the Town of Buxton Building Code section 109, part B states "no swimming pool shall be constructed closer than 20-feet from the side or rear lot line nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this ordinance". Dennis does not feel the pool will fit in the proposed location in the front yard with 20-foot setbacks. The applicant will move the pool behind the house and alter the privacy fence.
Public comments: Marie and Tim Clements owners of lots 52 and 69. Mr. Clements said there is a driveway that runs parallel with the property line in the location of the proposed pool. He was concerned with snow blowing in the winter. Is concerned with the proposed building being staked out properly. The existing fence belongs to the Clements' and they do not want any alterations done to it since it is very old and weak. The Clements' do not have any issue with the 6-foot variance request.
" Motioned by Dennis, seconded by Charlene to close the public hearing for Steven Retalic. The motion passed with a 3 - 0 vote.
The Board discussed the 20% request and that the pool is no longer part of the application.
" Motioned by Stephen, seconded Charlene to open the public hearing. The motion passed with a 3 - 0 vote.
Stephen explains the Board is looking at a variance for a six-foot front setback and a 0ne-foot side setback on the northeast side of the property. According to Section 6.B.2 the applicant does not need to meet the requirement for question since it is his primary residence.
2.The need for a variance is due to the unique circumstances of the property and not the general condition in the neighborhood; The Board feels the applicant has meet this requirement, with a 3 - 0 vote.
3.The granting of a variance will not alter the essential character of the locality; the Board agreed due to other newer homes in the area and voted 3 - 0.
4.These conditions are not the result of action taken by the applicant for a variance or a prior owner: The conditions are based on the non-conforming lot and the Board agrees they meet this requirement with a vote of 3 - 0.
" Moved by Stephen, to grant a variance for a six-foot front set back and one-foot side setback on the northeast side for construction of a new house and garage, seconded by Charlene the motion passed with a 3 - 0 vote.
" Motioned by Charlene, seconded by Dennis to close the public hearing. The motion passed with a 3 - 0 vote.
Approval of Minutes:
June 5, 2007
" Motioned by Stephen, seconded by Dennis accept the minutes as written for the June 5, 2007. The motion passed with a 3 - 0 vote.
December 4, 2007 - no quorum
CEO Report: None
Approval of Bills: Dennis motioned to pay Portland Press Herald in the amount of $23.80 for Weymouth application in December '07, seconded by Charlene the motion passed with a 3 - 0 vote.
Communications:
*Maine Townsman- January - May
*08/09 Budget request
Other Business:
Election of Officers - Wait for a full Board
Approval of Minutes:
August 7, 2007
" Motioned by Dennis, seconded by Stephen accept the minutes as written for the June 5, 2007. The motion passed with a 2 - 0 - 1 vote, with Charlene abstaining.
" Being no further business, moved by Dennis, seconded Charlene, to adjourn at 7:45 p.m. The vote was unanimous.
Respectfully submitted,
Krystal L. Dyer
Approval Date:
____________________________________________ __________________
Stephen Heroux, Chairman Signature Date
| 
