SOUTH BERWICK ZONING BOARD OF APPEALS
PUBLIC HEARING
SEPTEMBER 18, 2003
7:00 P.M.
CALL TO ORDER
John Kareckas called the meeting to order at 7:00 pm
ROLL CALL
John Kareckas (Chairman), Kevin DeSchuytner, Bonnie Gould, Alan Schalk and Joseph Rousselle (Code Enforcement Officer).
QUORUM
There was a quorum with 4 voting members. None of the members had a conflict of interest.
MINUTES OF PREVIOUS MEETING
John Kareckas motioned to accept the minutes of the June 17, 2003 meeting with italicized noted corrections. Kevin DeSchuytner seconded the motion. All were in favor. Motion passed.
NEW BUSINESS
Case #07-03
Map 3 Lot 33A; Neal Dwelley
Variance Appeal
JURISDICTION
The Zoning Board of Appeals has jurisdiction to hear variance appeals pursuant to Section 140-76. Subsection C of the South Berwick Zoning Ordinance.
DETERMINATION OF STANDING
Mr. Neal Dwelley has a Purchase and Sales agreement dated 8/22/03 for property known as Map 3 Lot 33A, which gives him standing. Mr. Dwelley represented himself.
OTHER PARTIES TO THE ACTION
Stephanie Dornsife, owner of Map 3 Lots 33 and 24, an abutter with standing, was also present.
TESTIMONY, QUESTIONING AND DISCUSSION OF EVIDENCE
Mr. Dwelley explained that presently the property has an old trailer in rough condition and he would like to remove it and put a 3 bedroom home on the property. He then referred to the Town Zoning Ordinance Section 140-5. E(2) Nonconforming lots of record, which states the structure may be repaired, maintained or improved but not replaced. In order for Mr. Dwelley to replace the structure he would have to meet all other criteria. Lack of road frontage makes it nonconforming by today’s ordinance. He is looking for a variance so that he may build a new home on the property while living in the existing structure which he would remove once the new home was built.
Mr. Dwelley presented exhibits:
A#1 - a picture of the existing mobile home referring to North
A#2 - excerpt of Tax Map 3
A#3 - application for variance
A#4 - building permit application
A#5 - Purchase & Sales agreement
Mr. Kareckas asked if the proposed dwelling was going to be conforming. Mr. Dwelley answered yes it would meet all other dimensional requirements except for road frontage.
Stephanie Dornsife then spoke. She asked Mr. Dwelley if he would be stick building because she had concerns about vehicles in and out due to the conditions of the road. She mentioned putting $5,000 of work into the road 2 years ago and wanted to know if Mr. Dwelley would keep up with improving the road. Mr. Dwelley answered yes. Ms. Dornsife also mentioned the property was in horrible disrepair and very run down. She, along with a number of her neighbors, has been hoping to find someone to buy the property that would be willing to help with road repairs.
After some discussion between Mr. Dwelley and the Board members, they decided to recess without a finding, not to exceed forty-five days.
OTHER
Election of Officers –
Bonnie Gould nominated John Kareckas as Chairman. Alan Schalk seconded. No other nominations were made. All were in favor. Motion passed.
Bonnie Gould nominated Alan Schalk as Vice Chairman. John Kareckas seconded. No other nominations were made. All were in favor. Motion passed.
ADJOURNMENT
John Kareckas motioned to adjourn. Alan Schalk seconded. All were in favor. Meeting ended at 7:55 pm.
| 
