Non-Conforming Structures
Expansions In the Shoreland Zone
Section 4.3
4.3 Non-conforming Structures
1. Expansions. A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure and is in accordance with subparagraphs 1 and 2 & 3 below.
1. 30% Limit. After January 1, 1989 if any portion of a structure is less than the required setback from the property line, road, or normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by more than 30%, during the lifetime of the structure.
2. Expansion of Replacement Structure. If a replacement structure conforms with the requirements of Section 4.3.3, and is less than the required setback from a property line, road, water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date.
3. Foundation. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer, basing its decision on the criteria specified in Section 4.3.2 Relocation.
Findings of Fact(s): Applicant has measured the patio from outside boundary of the patio
4.3.1.1 – Based on the submitted 6/18/15 table calculating existing floor area and demolished floor area the grand total of 30% expansion of 238 sf left – this application is using 136 sf. (Andrews/Kiley) 5-0
4.3.1.2 – Standard is met. (Hanley/Randolph) 5-0
4.3.1.3 – Because proposed patio is not being constructed under a nonconforming structure 4.3.1.3 is NA. (Hanley/Andrews) 5-0
VOTE: Findings of Facts -
Conclusion of Law: Proposal does not exceed the 30% limit for expansion on the lot. Standards for 4.3.1.1 are met.
4.3.1.1 – (Andrews/Kiley) 5-0 4.3.1.2 – (Hanley/Randolph) 5-0
VOTE: Conclusion of Law 4.3.1.3 – (Hanley/Andrews) 5-0
Expansion of Replacement Structure. If a structure conforms with the requirements of Section 4.3.6, and is less than the required setback from a water body, tributary stream or wetland, the structure may not be expanded, except as allowed pursuant to Section 4.3.2 above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location.
Findings of Fact(s):
VOTE: Findings of Facts -
Conclusion of Law:
VOTE: Conclusion of Law -
APPROVAL CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
(Kiley/Hanley) 5-0
APPLICATION APPROVED __7/22/2015 DENIED __________
(Date) (Date)
MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER.
SIGNATURES OF ALL VOTING BOARD MEMBERS:
_____William Hanley____________________ _______Lili Andrews______________
William Hanley , Chair Lili Andrews, Vice Chair
Meredith Randolph David Ashmore
Meredith Randolph David Ashmore
Dennis Kiley
Dennis Kiley
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