Town of Buxton Board of Appeals Minutes
Tuesday, March 4, 2014 at 7:00 p.m.
Minutes
Recorded by Krystal Dyer
Members in attendance: Charlene Libby, Stephen Heroux and Peter Leavitt.
Members not in attendance: Jack Hanna and Dennis Santolucito.
Others in attendance: Van Hertel, Jr., Code Officer Fred Farnham,
Stephen Heroux called to order by explaining the process of the meeting. With an administrative appeal, the Board hears the merits of the request and takes into account of how it impacts the property and abutting properties.
- Stephen motioned to open the public hearing for an administrative appeal for Van Hertel, Jr. at 7:03 p.m. seconded by Charlene, a unanimous vote.
Public Hearing for: Van Hertel, Jr is requesting an Administrative Appeal to amend a boundary line for two non-conforming lots. The parcel is a legal non-conforming lot located in the Business/Commercial District; Tax Map 6, Lots 25 & 26.
Van Hertel, Jr. owner of a number of properties at Duck Pond Corner (Routes 202 and 22), began by explaining that he purchased lot 25 in 2001. From the results of a property survey dated September 7, 2001, performed by Lewis & Wasina, Inc. indicated the northwest property corner marker (off Rte. 202) of lot #25 was on the other side of the ingress and egress access for the property on lot #26. In 2005 Mr. Hertel and his wife purchased the abutting property (lot 26), which currently houses a daycare facility. The property line runs outside a CMP pole that provided power to the garage in the rear of lot 26. Mr. Hertel initially discussed with Fred to move the property line over to the existing monument, taking back 1,856 sq. ft. and add to lot 25. Fred
recommended trying to keep the same acreage due to both lots being non-conforming. Mr. Hertel is requesting to do a land transfer that would keep the second access for the daycare on lot 26. Lot 25 has an existing driveway entrance; therefore no new curb cuts on Rte. 202 is needed. If the Board wants an exact land swap, Mr. Hertel offered to return to Lewis & Wasina, Inc. to recalculate the 19-foot land transfer. There is a deeded easement for a tiled well that provides water to lot 25 located in the rear of lot 26, there. There is no impact on the effect on the neighborhood. Mr. Hertel would like to keep the existing traffic pattern for lot 26. He is just trying to change the common boundary line on two non-conforming lots, the acreage and road frontage will remain substandard.
Having no questions from the Code Officer Fred Farnham, abutters or the public, Stephen proceeds with questions from the Board members.
Stephen mentioned to Mr. Hertel that he now has to meet the current setbacks for any future buildings. The one year provision in Article 4.2.E.5 has laps so he will have to conform to the current setbacks. Mr. Hertel acknowledged that he was made aware of this by the Code Officer when the building was removed 2006.
Charlene confirms the zoning district as business/commercial and asks if future plans include any residential building? Mr. Hertel stated “no residential plans.” Charlene also asked if this is a vacant non-conforming lot, because there was a building there previously. Mr. Hertel confirmed that he removed the building in 2006.
- Motioned by Stephen to close this portion of the public hearing, seconded by Charlene. The motion passes with a 3 – 0 vote.
Stephen continued, there is still a little gray area with restoration or replacement, that has to be addressed to move on, but he still thinks that they are both non-conforming, abutting, same ownership. The need to have the electric pole and the driveway access would stretch it into a restoration application.
Charlene is comparing at 4.2.E.2 Discontinuance and 4.2.F.1 Non-conforming lots of record; vacant lots: both are speaking about brining into conformance by moving the structure back, but then it says “non-conforming vacant lots must be in separate ownership, this is in contiguous ownership.” Mr. Hertel addressed the ownership issue by adding that lot 25 is in his name only. Lot 26 is deeded to him and his wife. Fred agreed with Mr. Hertel that the two properties are in separate ownership; they were purchased separately. Peter confirmed that Mr. Hertel’s name is on both deeds.
Charlene’s concern is with what is going to happen with this land in the future. Stephen explains that whatever change we make here tonight, he will have to meet current setbacks and cannot use this administrative appeal as a hardship in obtaining a variance if he has to come back before the Board. Swapping the land will give a horseshoe shaped access to the daycare property.
Peter asked “Was a permit denied, as to why he is before the Board or are we the only Board who can approve this?” Stephen confirmed that the BOA is the only Board who can deal with this. Charlene confirms the only thing the Board is approving is changing this property line. The Applicant, Code Officer and the Board all agree.
- Stephen motioned for all those who would vote in favor of the applicants request for an administrative appeal to move the boundary lines as demonstrated on plot plan dated July 10, 2014. The motion passed with a 2 – 1 vote.
The administrative appeal is granted.
Approval of Minutes:
November 5, 2013
- Motioned by Charlene, seconded by Peter to approve the minutes as written. The motion passed with a 2– 0 – 1 vote. Stephen abstained.
CEO Report: none at this time.
Approval of bills: Approve to pay Portland Press $31.50 for legal ads.
- Stephen motioned to approve to pay Portland Press $31.50 for legal ads, seconded by Charlene. The motion passed with a 3 –0 vote.
Communications:
Maine Townsman Nov & Dec 2013, Jan & Feb 2014 issues.
Other Business:
~Election of Officers
- Charlene nominated Stephen Heroux as Chair and Peter Leavitt as Vice Chair the vote passed with a 3 – 0 vote.
~discussion of ordinance amendments – Stephen will attend the next Planning Board meeting on March 17th to present the Boards recommendation.
Adjourn:
- Peter motioned to adjourn at 7:26, seconded by Charlene, a unanimous vote.
Approval Date: __________
___________________________________ ______________
Stephen Heroux, Chair Signature Date
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