SOUTH BERWICK ZONING BOARD OF APPEALS
PUBLIC HEARING
JANUARY 9, 2003
7:00 P.M.
CALL TO ORDER
John Kareckas (Chairman), called the meeting to order at 7:02 p.m.
ROLL CALL
John Kareckas (Chairman), Kevin DeSchuytner, Dave Kenny, Alan Schalk and Joe Rousselle (Code Enforcement Officer).
QUORUM
There was a quorum with 4 voting members. None of the members had a conflict of interest.
NEW BUSINESS
Case #01-03
Candace Huber; Off Ogunquit Road
Map 5 Lot 18; Variance request for lack of road frontage
JURISDICTION
The Zoning Board of Appeals has jurisdiction pursuant to language used in Section 140-76. B2-B3 of the South Berwick Zoning Ordinance. The appellant was denied a building permit because she fails to meet the 300 ft. road frontage requirement.
DETERMINATION OF STANDING
The appellant is Candace Huber, owner of the property known as Map 5 Lot 18, located off Ogunquit Road. Mark Young is representing Ms. Huber.
OTHER PARTIES TO THE ACTION
Abutters in attendance: Robert Simpson of 139 Ogunquit Road; Map 5 Lot 20 and Richard Clough of Ogunquit Road; Map 5 Lot 17A.
There was no objection to Mr. Young representing Ms. Huber.
TESTIMONY, QUESTIONING AND DISCUSSION OF EVIDENCE
Mr. Young said Ms. Huber can not afford to pave a 16 ft. road to her property but would like to build a house on the property. Mr. Kareckas explained they have to prove undue hardship has been met for all four criteria. Under these circumstances, Mr. Young said he is not prepared for testimony at this time. Mr. Kareckas motioned to recess. Mr. Simpson spoke up saying he was concerned he wouldn’t be able to make the next meeting and would like to give testimony this evening. Mr. Kareckas said that would be acceptable. Mr. Simpson stated that Ms. Huber only has a right of passage through his property that doesn’t even come up to town requirements for a road. Mr. Simpson said he has a deed of passage from the 1920’s that shows that they can go across the
right-of-way only to get to their property. The accepted right-of-way has become a woods road that was cleared for passage. It is not acceptable to Mr. Simpson for Ms. Huber to pave right through his yard and he will not grant a 20 ft. ROW, it will degrade the value of his land in the future. Mr. Simpson stated he has been to a lawyer and he doesn’t have to grant Ms. Huber a ROW. Mr. Clough also asked that a variance not be granted. He asked that the Board take into consideration that an ambulance or fire truck could not get out there and the liability would fall on the Town.
John Kareckas moved to recess until receipt of an amended application by the appellant. Alan Schalk seconded motion. All were in favor. Motion carried. The Public Hearing closed at 7:40 p.m.
OTHER
Dave Kenny mentioned he has a conflict of interest for the upcoming meeting scheduled for January 16th, 2003; Case #02-03 and will have to step down for that meeting. John Kareckas motioned that there is a conflict of interest. Kevin DeSchuytner seconded motion. All in favor, motion carried.
Alan Schalk motioned to accept the minutes of the previous meeting. Dave Kenny seconded motion. All in favor, motion carried.
Kevin DeSchuytner motioned to adjourn. Alan Schalk seconded motion. All in favor, motion carried. Meeting ended at 8:04.
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