TOWN
OF
APPEALS
BOARD MINUTES
Monday,
May 1, 2006
CALL
TO ORDER:
The meeting was called to order by Kenneth
Gardner, Chairperson at 7:00 p.m.
Regular members present: Kenneth Gardner, Robert
Axelsen, Russell Peter Berg, Bruce Rozett and Ruth Adams.
Alternates present: John Dunfee & Doug
Hubbard
Also present: Ron Phinney, CEO, & Beverly
Foss, Secretary.
AGENDA:
APPROVAL OF MINUTES:
The chairman asked the Board to review the
minutes from the last meeting, April 4, 2005.
MOTION: Bob
Axelsen made a motion to accept the minutes from the April 4, 2005 meeting as
written. Seconded by Russ Berg. All in favor.
APPLICATION FOR VARIANCE FROM ROAD ACCESS
REQUIREMENT FROM MALCOLM REED:
Mr. Reed is requesting that a variance from the
standard articulated in Article 7.A.1, Limington Zoning Ordinance, requiring an
access road be constructed with a 50 foot wide deeded right-of-way and
constructed to the standards articulated in Article 7.J. Tax Map R15,
Mr. Reed is not present at the meeting but is
represented by Attorney John Elmen. Several abutters were also present, as well
as Dennis Doughty, Chairman of the Planning Board.
Chairman
Bruce Rozett spoke to the fact that in
accordance with Section 10.E.1.A, he could not see where the Planning Board had
made a decision, therefore there was nothing at this point for the Appeals
Board to hear. Also, according to Section 10.E.1.D, the Planning Board did not
transmit any papers specifying the record of the decision to be appealed. Did
the Planning Board make a decision?
Dennis Doughty spoke on behalf of the Planning
Board. He stated that no decision had been made by the Planning Board, but they
felt that a variance of this nature needed to be made by the Appeals Board
first.
Chairman Gardner made a re-cap of what had
happened so far in this process and felt that the applicant was in a “catch-22”
situation.
Doug Hubbard stated that all areas of this
application should be reviewed by the Planning Board first so if there is more
than one issue, the Appeals Board can hear them all at one meeting.
Mr. Elman said that the Planning Board told them
that they need a variance, so functionally, a decision was made. He said that
he raised this issue at the Planning Board Meeting of February 27, 2006. He was
told the road was not in compliance, therefore, they would need a variance.
Dennis Doughty then stated that they are not
being asked to appeal the decision of the Planning Board, they are appealing
the Zoning Ordinance.
Chairman Gardner asked that we find the minutes
from the February 27, 2006 Planning Board meeting to see exactly whether a
decision had been made by the Planning Board or not. Attorney Elmen produced
the minutes and that section was read aloud by Chairman Gardner. It read as
follows:
Mr.
Elmen asks shall they proceed with the application? Dennis responds loosely, that this is a
zoning ordinance and would need to go to the appeals board. If they cannot meet this requirement, they
may want to pursue a variance from the appeals board.
Lorraine asks, do you have in fact any
deeded right of way from the public road all the way to the property. Mr. Elmen cannot give a definitive answer as
he has not done the research. She feels
he should determine in fact what right they do have, do they have a deeded
right of way, how wide? Mr. Elmen
understands what is needed. Lorraine
adds she is ticked with the letter, it seems to be gossip over the backyard
fence, charging the board with reinterpreting the ordinance and ex-parte
communication. Mr. Elmen responds he
address the board with the letter as in reference with Phil Reed. His intention was not to offend the board.
Joyce follows up they need the deeded right
of way information. Mr. Elmen adds from
Malcom’s property to the public road, correct.
Ron Phinney adds older deeds to not mention
width. Mr Elmen agrees, this may be an
issue with researching the deeds. Wayne
adds if it doesn’t meet the 50 foot easement or have right of way, the appeals
board may have to waive this, but they need the preliminary information to
proceed.
At this point in the meeting, Doug Hubbard recused himself from the Board since he had had a conversation with John Elman previously.
MOTION: Bruce
Rozett moved that the Appeals Board does not have jurisdiction because no
decision has been made by the Planning Board or Code Enforcement Officer, and
recommends that the Selectmen waive the fee for this application.
Seconded by Russ Berg. All in favor.
Motion carries.
OTHER
BUSINESS:
Bruce Rozett brought
up the fact that at the January 3, 2005 Appeals Board meeting, the Limington
Youth League was denied a variance. Mr. Rozett felt that the Town should
enforce their own ordinances. Ron Phinney, CEO, stated that this was on his
list to check into.
ADJOURNMENT:
MOTION: Bob
Axelsen moved that the meeting be adjourned. Seconded by Ruth Adams. All in favor. 8:00 p.m.
Respectfully submitted,
Beverly Foss
Secretary
These
minutes are an unattested copy.