SOUTH BERWICK ZONING BOARD OF APPEALS
PUBLIC HEARING
MARCH 16, 2010
7:00 PM
ROLL CALL
Peter Grace (Chairman), Frank Jillson, Fred Wildnauer, Smilie G. Rogers, John Klossner (alternate), Joseph Rousselle (Code Enforcement Officer).
CALL TO ORDER
Peter Grace called the meeting to order at 7:00 pm.
QUORUM
There was a quorum with 5 voting members.
MINUTES OF PREVIOUS MEETING
Fred Wildnauer motioned to accept the minutes of the 12/17/09 meeting. Frank Jillson seconded. All in favor. Motion PASSED.
NEW BUSINESS
Case #01-10
Luke & Christine Edgar; 87 Academy Street
Map 21 Lot 25; Variance Appeal
JURISDICTION
The Zoning Board of Appeals has jurisdiction pursuant to language used in Section 140-76B(2).
TESTIMONY, QUESTIONING AND DISCUSSION OF EVIDENCE
The appellant, Luke Edgar gave testimony. He stated he applied for a building permit for an addition to his home that was currently only 1200 square feet. He and his wife would like to attach the house to the garage and add a bedroom. They’ve looked at putting an addition on several different ways but the problem is the construction of the house. Adding on any other way they would have to completely redo the roof which would not be cost effective. He presented a slide show of the property and the surrounding properties. The slides showed all angles of the property and the proposed addition and lot lines were staked out. He stated the best possible spot for the addition slightly overflows into the required setback by 9 feet. He explained that his property was in the R-2
zone which requires a 25 foot side setback whereas just across the street is a R-1 zone which only requires a 15 foot setback. The small, one story house is sandwiched between two large houses and additionally there is a duplex across the street so it would not alter the essential character of the locality and it wouldn’t change the house from the front at all. There is still considerable space for the distance of the houses next door. Luke believes his property line goes further but they haven’t had it surveyed so he is going by the posts they found.
The Code Enforcement Officer then gave testimony. He stated that the garage is presently in compliance but attaching the house to it would change the setback requirements. In doing this the Edgars could not meet the setback and therefore he had to deny the permit. The setback for the garage is only 10 feet but based on the fact that the addition will be attached to the garage it would need to meet the 25 foot setback. He stated the property definitely meets the back setback. Joe stated there is a problem with the zone being split by the street and he and others have been trying to get this changed.
ABUTTERS IN ATTENDANCE
Chad Flinkstrom of 89 Academy Street was in attendance to represent his parents, Eric and Marcia Flinkstrom who were out of town. Chad stated that his parents had no problem with the Edgar’s putting this addition on.
Close public hearing at 7:45 pm
DELIBERATION
The Board discussed evidence and testimony presented to them.
FINDINGS OF FACT
1) Appellants are Luke and Christine Edgar, owners of property.
2) Property is located at 87 Academy Street, also known as Tax Map 21 Lot 25.
3) Property is located in the R-2 Zone.
4) Properties across the street are in the R-1 Zone.
5) The appellants submitted a building permit for an addition on February 16, 2010.
6) The Code Enforcement Officer denied the building permit on February 19, 2010 because the
appellants could not meet their side setback.
7) The property in question is currently conforming.
8) If the addition is attached to the garage it will make the property nonconforming.
9) Luke Edgar stated an addition anywhere else would not be cost effective.
10) The appellants are requesting a 9 foot variance for their side setback.
11) Exhibits entered into the record by the appellant –
A#1- Building permit application
A#2- Application for Variance
12) Luke Edgar presented a slide show of the property and proposed addition but it was not
entered into evidence because he could not leave it with the Board.
13) Exhibits entered into the record by the Code Enforcement Officer –
CEO#1-Denial of permit application.
Peter Grace motioned to accept the Findings of Fact. Smilie G. Rogers seconded. All in favor. Motion PASSED.
CONCLUSION
- Peter Grace motioned that the land in question cannot yield a reasonable return unless the variance is granted. Fred Wildnauer seconded. 3 in favor, 1 opposed, 1 abstained. Motion PASSED 3 – 1.
- Peter Grace motioned that the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood. Fred Wildnauer seconded. 5 in favor, none opposed. Motion PASSED 5 – 0.
- Peter Grace motioned that the granting of a variance will not alter the essential character of the locality. Fred Wildnauer seconded. 5 in favor, none opposed. Motion PASSED 5 – 0.
- Peter Grace motioned that the hardship is not the result of action taken by the appellant or a prior owner. Fred Wildnauer seconded. 3 in favor, 2 opposed. Motion PASSED 3 – 2.
DECISION
Based on the foregoing Findings of Fact and Conclusions, the variance is granted.
Meeting adjourned at 8:30 pm.
Attest:
Kimberly Perry
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