Town of Buxton
Board of Appeals Minutes
Tuesday, December 1, 2009
Members in attendance: Stephen Heroux, Peter Leavitt, Charlene Libby.
Members absent: Dennis Sweatt and Jack Hanna.
Others in attendance: Richard Cote & Stuart Johnson, Keith Emery
Chairman Stephen Heroux welcomed the applicants to the meeting at 7:00 pm by announcing that they do have a quorum with four members and announced the procedure for the meeting.
Reviewing the consultation of Maine Municipal Associations Attorney concerning the Board of appeals jurisdiction in the consideration of a variance for a lot size of an undersized lot.
Changing the status of a non-conforming lot to a conforming lot.
Stephen/ Charlene to open a public hearing. The applicant has already stated their request at the previous meeting. Contact Maine Municipal the change in a non-conforming status that can only be changed through the Planning Board in an ordinance change.
Stephen motioned to deny the motion to approve
Richard Cote questions if the place can get an occupancy permit? Contact Code Officer Fred Farnham. A legal non-conforming lot the town has a right to tax the property. A property line setback was granted at the previous meeting. The other issue. Is there is a point where it could be grandfathered? MMA confirmed that this had to be dealt with in an ordinance change. There is a window where non-conforming lots took place. Or the town could decide that a permit could be issued after an X amount of years have passed. The town could take a non-action against the property.
Any further detailed questions need to go through Fred.
Fred's letter was well chosen
Close Stephen /Charlene
Peter motioned that the request for a change in the non-conforming lot status will not be granted by the Board. Do not grant the application to change the non- conforming lot at 265 Cemetery Road Charlene vote 3 - 0.
Discussion:
& Stuart Johnson are requesting a variance for a minimum lot size and front yard setback of 4 feet for 265 Cemetery Road; Tax Map 2, Lots46-1.
" Charlene motioned to open the public hearing for Richard Cote and Stuart Johnson, seconded by Jack , the motion passed with a 4 - 0 vote.
CEO Report: none
Minutes:
September 1, 2009 - hold for next meeting
November 3, 2009 -
" Stephen motioned to approve the minutes of November 3rd, 2009, seconded by Peter, the motion passed with a 3 - 0 vote.
Approval of bills:
Portland Press Herald in the amount of $25.23 for legal ads for Emery application in the September meeting.
" Motioned by Stephen, seconded by Charlene to approve the payment of $24.36 to Portland Press Herald, the motion passed with a 3 -0
Communications:
Maine Townsman - November 2009 issue.
Other Business: Will request written information from MMA of how to make the changes.
Adjourn
" Stephen motioned to close the meeting at 7:18 pm, seconded by Charlene with a 3 - 0 vote.
Respectfully submitted,
Krystal L. Dyer
Approval Date:
____________________________________________ __________________
Stephen Heroux, Chairman Signature Date
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