Town of Buxton Board of Appeals
Tuesday, October 7, 2014 at 7:00 p.m.
Minutes
Recorded by Krystal Dyer
Members in attendance: Scott Warchol, Peter Leavitt, Stephen Heroux, Jack Hanna
Members not in attendance: Charlene Libby
Others in attendance: Code Officer Fred Farnham, George Gadboise and Paul Gadboise.
Stephen called the meeting to order at 7:05 p.m. by explaining the administrative appeal process.
- Stephen motion to open the public hearing, seconded by Jack, passing with a 4 - 0 vote.
57 Beech Plains, LLC is requesting an Administrative Appeal to divide a 2.0 acre grandfathered legal non-conforming lot into two separate parcels, having the dwelling and the garage on two separate lots. The parcels are located at 57 Beech Plains Road; Tax Map 10, Lots 72. The parcel is a located in the Business/Commercial District.
Paul Gadboise addressed the Board with the history of the parcel, it meets current zoning requirements 83,000 sq ft. in the Business/Commercial Zone. The lot was created on July 29th 1968 and zoning was adopted in 1976, making this a grandfathered lot. He was able to get 41,000 sq. ft. on each lot, with the required 150 feet of road frontage per lot. Each building meets current setback requirements, except the barn which will remove. They are requesting to split the lot into two separate lots with two separate uses with the intention to sell the commercial property.
The ordinance to separate two principle uses on non-conforming lots is in section 4.2.f.3. Stephen confirmed that the uses are a single family dwelling and a business. The original house was existing in 1968. Paul is not sure if the business was in existence since 1968. George Gadboise (owner of the property) said there was a business there in 1968. The records show the previous owner was running a business when Mr. Gadboise purchased it in January of 2005. George Gadboise stated he is trying to split the property to sell a portion to recoup the money he has put into it. Stephen continued to read the ordinance, informing the applicant that they have to demonstrate that there were two principle uses when the ordinance was created. George Gadboise knows
it’s been a garage for many, years, but does not have any supporting documents.
Code Officer Fred Farnham informed the Board with the information found in the code file. On August 28, 1986 William Sanders sold the property to Albert Tweedie, at that time the property was in the Business/Commercial District. Mr. Tweedie applied for a 28 x 28 garage to use for auto repair services with an attached beauty shop for his wife. These uses were allowed in the commercial zone. Peter asked Fred, if he had made any decisions based on this application or denied anything? No, Fred had not, he cannot make this type of decision. There was a fire in September of 2008 that destroyed the house and a new modular was placed on the lot.
- Having no further questions from the Board Stephen motioned to close the public hearing, seconded by Jack with a 4 – 0 vote.
The Board discussed the case: Stephen explained this is similar to last month’s administration appeal. The ordinance exists, but the applicant must demonstrate two separate uses. The Board does not have any documentation indicating there was a business prior to 1986.
Having no further questions, the Board voted:
- Stephen moved that all those who think the applicant has met the standards required to separate a single grandfathered non-conforming lot into two non-conforming lots, under section 4.2.F.3”.~~The vote was two (2) in agreement and two (2) disagree with the motion.
Discussion: without further substantial information, there is no reason for a re-vote.
Stephen recommend that the vote be recorded and check with Legal counsel tomorrow on the status of a tie vote.
Approval of Minutes:
August 5, 2014
- Motioned by Stephen, seconded by Scott to approve the minutes as amended. Motion passed with a 2 - 0 – 2 abstentions.
CEO Report: none
Approval of bills: Approve to pay Portland Press $34.20 for legal ads.
- Motioned by Stephen, seconded by Peter to pay Portland Press Herald $34.20. Motion passed with a 4 – 0 vote.
Communications:
Maine townsman
Welcome to SMPDC news letter
SRCC Low Impact Development workshop Sat. October 11, 2014 here at the town hall.
Other Business:
After last month’s appeal, Article 4.2.F.3 read very poorly and is suggesting the following proposed ordinance amendment to Article 4.2.F.3.
4.2.F.3. Contiguous Built Lots:
4.2.F.3.a If two or more contiguous lots or parcels are in single or joint ownership of record at the time of adoption or amendment of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principal use exists on each lot, the non-conforming lots may be conveyed separately or together providing the State Minimum Lot Size Law and Subsurface Waste Water Disposal Rules are complied with. If two or more principal uses existed on a single lot of record on the effective date of this Ordinance, each may be sold on a separate lot.
4.2.F.3.b If two or more principal uses existed on a single lot of record on the effective date of this Ordinance, each may be sold on a separate lot, and if a principal use exists on each lot, the non-conforming lots may be conveyed separately or together providing the State Minimum Lot Size Law and Subsurface Waste Water Disposal Rules are complied with.
The Board agreed to send the ordinance amendment to the planning Board.
- Stephen motioned to adjourn at 7:38 p.m., seconded by Scott, a unanimous vote.
Date approved__1/6/15____
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