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Board of Appeals
Minutes of Meeting
April 2, 2012
CALL TO ORDER
Meeting was called to order at 7:00 by Chairman Mark Hyland with members Holly Bubier, Richard Carlson and Roger Ducharme present. Joseph Radziszewski was absent with notification. Alternate Danielle Loring recused herself due to personal involvement with the appeal.
APPEALS
Administrative Appeal: Map 20 Lot 10 – David and Mary MacMahon
- Motion by Member Ducharme that jurisdiction has been established, seconded by Member Carlson. Discussion: None
VOTE: 4 – YES 0 - NO
- Motion by Member Ducharme that we have standing by the warranty deed, seconded by Member Carlson. Discussion: None
VOTE: 4 – YES 0 - NO
- Code Enforcement Officer Nick Adams and appellants David and Mary MacMahon are present.
- Appellants - Property has been occupied by family and renters over the 15 years they have owned it. Rented continuously for around 4 years, went to CEO approximately 4 years ago and asked if they could separate the electric meters and have two, denied by then CEO. It would be a financial hardship if they couldn’t continue renting the property. Read to Board of Appeals letter from tenant, Danielle Loring, entered as exhibit A. Question from Member Carlson if they live in the main structure, the answer is no they do not. Chairman Hyland clarifies that renters are in both dwellings on the property. Main house and guest cottage were on property when it was purchased. Member Ducharme asks what the required lot size and road frontage are for their zoned district and the answer is 2 acres and 200’ road
frontage. 2.5 acres presently at property address. Chairman Hyland asks which structures are being taxed and the property tax card only shows one dwelling being taxed on the property as a dwelling. The MacMahons will accept a decision by the board but would like five years to come into compliance with the code.
- CEO – The CEO received a phone call from post office stating that mail from post office for two tenants was being mixed up and he needed to give the second dwelling an address. File was then pulled and CEO went to the property and no one was present. He noted two dwellings on the property. Notice of violation was written and stated that the property owner would have to apply for a permit for two structures to be located on one property. The appellants applied for a permit that was denied. Guest home is what is listed on the septic design and all paperwork it is listed as an accessory structure. Chairman Hyland confirms that under our ordinance we are not allowed to have two structures getting equal use on one property that does not have enough frontage or acreage for two dwellings. Member Carlson questions
whether others are in the same situation, CEO will look into properties located in Poland to see if there are any others.
- Chairman Hyland closes the hearing at 7:39 PM. Discussion by the Board.
- RECAP FROM BOARD - Chairman Hyland states that the problem is that the two structures have been allowed and concern is that they have two homes on the property that are being used year round as rental units. Afraid that down the road they may try to split the lots stating they have two residences on the property. Member Carlson adds that they are using it to produce income. There should not be two dwellings on a property this small. Member Ducharme states it’s not easy to meet the requirements, but they are required.
- Member Ducharme makes a motion to approve the administrative appeal on Map 20 Lot 10, seconded by Member Carlson. Discussion: None
VOTE: 0 – YES 4 – NO Appeal is denied
- David and Mary MacMahon are the owners of the property located at Map 20 Lot with the address of 187 Johnson Hill Road, provided copy of deed
- Limited Residential zoning with 2.01 acres
- Proposed change of use to add second year round structure that was denied
- Appeal filed on 3/11/2012, public hearing for appeal held 4/2/2012
- Table 507.2 and 507.1 were used in the decision process
- Large structure constructed in 1983, second structure with unknown date of construction.
- Structures are used year round and rented year round.
- Board concludes that the smaller of the two structures is not being used an accessory structure but a year round structure and does not comply with the standards of the town.
- 508.6.B and definition of an accessory structure in Chapter 14 were referenced.
- Appeals board has voted to deny your application. Can appeal to superior court within 45 days of the decision of this board.
OTHER BUSINESS
Minutes of 12/10/2010 – quorum from that meeting not present
Election of officers – Member Ducharme makes a motion to have Mark Hyland as Chairman and Joseph Radziszewski as Vice Chairman, seconded by Member Carlson. Discussion: None
VOTE: 4 – YES 0 - NO
Member Carlson makes a motion to have Roger Ducharme as secretary, seconded by Member Bubier. Discussion: None
VOTE: 4 – YES 0 - NO
ADJOURNMENT
Motion to adjourn made by Member Ducharme, seconded by Member Carlson at 8:06 PM. Discussion: None
VOTE: 4 – YES 0 – NO
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