Town of Buxton Board of Appeals
Tuesday, August 5, 2014 at 7:00 p.m.
Minutes
Recorded by: Krystal Dyer
Members in attendance: Stephen Heroux, Scott Warchol, Charlene Libby,
Members not in attendance: Jack Hanna, Peter Leavitt
Others in attendance: Fred Farnham, Sandra Sweetsir, Cliff Thomas
Stephen called the meeting to Order at 7:13 pm
The agenda has been changed the initial agenda went out as a variance request, but after reviewing the application, she really needs an administrative appeal. Stephen continues to explain the appeal process.
- Stephen motioned to opened the public hearing for an administrative appeal for Sandra Sweetsir, seconded by Charlene, the motion passes with a 3 – 0 vote.
Public Hearing:
Sandra Sweetsir is requesting an Administrative Appeal to divide a 2.5 acre grandfathered legal non-conforming lot into two separate parcels, having each dwelling on a separate lot. The parcels are located at 53 Limington Road and 10 Proprietors Road; Tax Map 1A, Lots 68O. The parcel is a located in the Residential District.
Sandra Sweetsir informed the Board that she is trying to get a reverse mortgage to separate the mobile home from her house lot. At the banks request the mobile home will have to be off her deed in order for them to proceed. Stephen stated that in the Town of Buxton Zoning Ordinance Section 4.2.F.3 under non-conforming lots of record, is designed to gives relief to property owners who had ownership prior to the establishment of our ordinance on November 1976. Under that ordinance there is a section with two of more principle uses in this definition means the use other than which is wholly individual or accessory to use on the same premises. Meaning it has to be two separate uses both are two separate primary uses. Documentation shows the house was purchased by Mrs. Sweetsir in
1973, the mobile home was places on the lot in 1974. The parcel is a total of 2.5 acres. The diagram puts 1.12 acre with mobile home and 1.38 acres with the house. Mrs. Sweetsir points out the location of the leachfield and well for each lot.
Charlene questions why the bank will not accept it as is. Because it is a separate structure if
it was attached to the house they would. They want it off my deed. She did not have any documentation from the bank requesting this action.
There are no comments from Code Officer Fred Farnham or the public.
Scott asked for clarification that the wells meet the setback requirements to the property lines. Fred explained that the State setback is 100 feet from a septic system, but it can go down to 60 feet. With the Mobile home the well is in the rear and the septic is in the front yard. He is not sure of other setbacks for wells. Looking at the mobile home, he tried to get the property line as close to the barn as possible. Normally you need a 20 foot setback, but the barn would have to be less than 750 sq. ft. Fred is requesting for the lean too be removed from the barn in order to get the setback down to 12-feet.
- Motioned by Stephen, seconded by Charlene to close this portion of the public hearing. The motion passed with a 3 – 0 vote.
Stephen gives an explanation of Article 4.2.F.3 - if a parcel of land is created it has to meet the state minimum lot size, which is 20,000 sq. ft. and the subsurface rules. As a board we are directed to make it the least non-conforming and keeping with the characteristics of the neighborhood. The Board had further discussion on Article 6.2.B and 4.2.F.3.
We need to put a condition to remove the lean too. Stephen dated the map document with today’s date (August 5, 2014) to use as a reference to determine boundaries.
- Stephen motion to approve an administrative appeal establishing two lots as designated on a document dated August 5, 2014. Establishing a 1.12 acre lot for a mobile home and a 1.38 acre lot for a single family property, with the condition that the lean too on the accessory barn be removed, thus allowing a 12 foot setback to the abutting property. Seconded by Charlene, the motion passed with a 3 – 0 vote.
Approval of Minutes:
March 4, 2014
- Stephen approve the minutes of March 4, 2014 as amended. Seconded by Charlene, the motion passed with a 2 – 0 – 1, and Scott abstained.
CEO Report: none at this time
Approval of bills:
- Approve by Stephen, seconded by Charlene to pay Portland Press $31.35 for legal ads. The motion passed with a 3 - 0 vote.
Communications
~MMA letter – summary document
~Maine Townsman March thru July 2014 issues
Other Business: Stephen will work on clarifying this section of the ordinance and bring to the next meeting for the Board to review.
Adjourn:
- Stephen moved to adjourn at 7:38 pm, seconded by Charlene, with a unanimous vote.
Approval Date: __________
___________________________________ ______________
Stephen Heroux, Chair Signature Date
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