TOWN OF LIMINGTON

APPEALS BOARD MINUTES

Monday, January 3, 2005

CALL TO ORDER:

The meeting was called to order by Ken Gardner, Chairperson at 7:10 P.M.

Regular members present: Ken Gardner, Bruce Rozett, and Ruth Adams.

Alternates present: John Dunfee.

Also present: Freeman Abbott, CEO, & Beverly Foss, Secretary.

AGENDA:

An application for a variance from the Limington Youth League for property line setbacks to be established so a new addition can be built on an equipment shed. Map R10, Lot 46.

Chairman Gardner stated that since our Zoning Ordinance allow for this board to hear a variance, then they have jurisdiction to hear this case.

Chairman Gardner asked the appellant to state his case. Joe Colby, president of the Youth League, came as their representative. Joe stated that the Youth League needed more storage area so started to build a shed onto the existing shed at the Blake Memorial Fields. Freeman Abbott, CEO, said that he noticed they were building without a permit and would also need a variance because the building was so close to the road, and put a Stop Work Order on the building. He informed them that they needed to apply for setbacks because the building was so close to the road. He also explained that South Road was considered a 2-rod road (33 feet).

No abutters were present.

Bruce Rozett summarized the facts of this case as follows:

    1. The existing building was there before the 1997 ordinance.
    2. South Road is considered a "no layout" road (2 rod).
    3. The ordinance calls for a setback 75’ from the center of the road.
    4. The new building plan is 18’ from the center of the road.
    5. They need a 57’ variance (road reduction).

Justification of Variance:

The Board reviewed the 4 questions and answers that justify a variance and voted on each one as follows:

    1. All in favor.
    1. All in favor.
    1. All in favor.
    1. All opposed (based on Section 10.D.4 of the ordinance).

Conclusion: The Board does not support a variance.

 

 

 

An application for a variance from Tasha Garland to reduce the requirements for road width from 24’ to 18’ and to eliminate the requirement for sidewalks and greens and pavement. Map R3, portion of 47A.

The applicant, Tasha Garland, stated that she is the third person to build a house on Dustin Drive and did not want to have to bring the road up to 24’ wide. She was told by the CEO, Freeman Abbott, that she needed to bring the road up to "subdivision standard" and could ask for a variance from such requirement. She, therefore, asked for a 6’ variance to reduce the width requirement to 18’.

The Board then took considerable time reviewing the ordinance. Section 7.A.1 gave information as to Access to Lots and referred them to Section 7.J. Road Construction.

MOTION: by Bruce Rozett. It appears that there is an omission in the ordinance regarding road width (Section 7.J.2). We will continue this meeting to give the applicant the chance to re-file as an Administrative Appeal (clarification of Limington Zoning Ordinance sections 7.A.1 and 7.J.2 regarding road width), along with requesting a variance to change road width to 18’ wide.

Motion withdrawn.

MOTION: Bruce Rozett moved that the Board interpret Section 7.J.2 to mean slope, preparation, sub-base, and base to the width specified in the Town’s subdivision review standards.

Seconded by Ruth Adams.

All in favor.

MOTION: Bruce Rozett made a motion to include section 7.J.3 in his motion.

Seconded by Ruth Adams.

All in favor.

Justification of Variance:

The Board reviewed the 4 questions and answers that justify a variance and voted on each one as follows:

    1. All opposed.
    2. All opposed.
    3. All in favor.
    4. All opposed.

The applicant was denied the variance. She will need to widen the road (Dustin Drive) to 24’ from the start of the road up to the driveway belonging to Joanna Parker. After that the road required width is 15’.

 

 

NEW BUSINESS:

Our Appeals Board application needs some revision. The secretary will add map and lot, zone, and change the day of the month when we meet from Thursdays to Mondays. It was also requested that the Board members receive a copy of any of the Maps that the appellants and/or abutters property is on and a copy of the deed if available.

It was also decided to include a copy of sections 10.D and 10.E with the application to aid the applicant in answering the questions regarding Justification of the Variance and Appeal Procedures.

The secretary noted that Charlotte Dufresne resigned from the Board. The selectmen have appointed Russell Berg as a permanent member of the Board and moved John Dunfee up from second alternate to first alternate. We are currently in need of a second alternate.

ADJOURNMENT:

MOTION: Bruce Rozett made a motion to adjourn, seconded by Ruth Adams. All in favor. 10:00 pm.

 

Respectfully submitted:

 

 

Beverly Foss

Secretary