SOUTH BERWICK ZONING BOARD OF APPEALS
PUBLIC HEARING
APRIL 14, 2005
7:00 P.M.
CALL TO ORDER
Kevin DeSchuytner (acting Chairman) called meeting to order at 7:00 pm.
ROLL CALL
Kevin DeSchuytner, Alan Schalk, Michael Williams, Bonnie Gould and Joseph Rousselle (Code Enforcement Officer)
QUORUM
There was a quorum with four voting members. Bonnie Gould mentioned there could be a conflict of interest. She does not know the appellant but wanted it put on record that she had been appointed to be the Personal Representative of the Estate of Glen Snow who was the previous owner of the property in question. Ms. Gould disclosed as a Board member she has not looked into property but as an attorney she does have knowledge and interest in property as the estate still remains open. Ms. Gould stated the appellant can ask her to recuse herself as a Board member. Mr. Lamontagne had no problem with Ms. Gould hearing the case.
Ms. Gould left the room while the Board discussed the situation. Mr. Schalk motioned Ms. Gould stay on Board for the case. Mr. DeSchuytner seconded. All in favor. Motion passed 3-0.
NEW BUSINESS
Case #01-05
Paul Lamontagne – 37 Academy Street
Map 24 Lot 10; Variance request for side setback
JURISDICTION
The Zoning Board of Appeals has jurisdiction pursuant to language used in Section
140-76. B2-B3 of the South Berwick Zoning Ordinance.
DETERMINATION OF STANDING
The appellant is Paul Lamontagne, owner of the property known as Map 24 Lot 10, located at 37 Academy Street. Mr. Lamontagne is representing himself.
OTHER PARTIES TO THE ACTION
Abutters in attendance: Kevin Hughes
TESTIMONY, QUESTIONING AND DISCUSSION OF EVIDENCE
Mr. Lamontagne purchased property for investment. Two days before closing it was brought to his attention the addition did not meet the setback requirements. At the present time the structure is non-conforming. Mr. Lamontagne mentioned he was not changing the exterior dimensions at all. He plans on reselling the property once he makes repairs inside and out but is concerned it will not sell because of this issue. The property was under contract before being foreclosed on. He believes he only got financing because of the amount of money he put down. He has had the Code Enforcement Officer come out to the property to make sure everything is being done correctly. He is asking the Board to grant him a variance to change the existing setback of 15’ to 13’.
Joseph Rousselle, the Code Enforcement Officer then offered testimony. Mr. Rousselle mentioned there was no plot plan with the permit for the addition. Based on prior history it was his opinion Mr. Lamontagne should seek a variance for the 2 feet.
Ms. Gould then asked Mr. Hughes if he had any objection to the Board granting this variance. Mr. Hughes responded he did not.
DELIBERATION
The Board discussed the evidence and testimony presented to them. However, at this time Mr. Lamontagne asked that the Board does not grant this variance. He felt the best way to deal with this was to ask Mr. Hughes to sell him a piece of land to make the property conforming.
Bonnie Gould motioned to accept the applicants request to remove the request for a variance. Alan Schalk seconded. All were in favor. Motion passed 4-0.
OTHER
The Board discussed the appointment of a chairperson. Mr. DeSchuytner would like to rotate for each meeting. Mr. Schalk was against this. Mr. Schalk motioned Mr. Deschuytner be chairperson for the next meeting. Ms. Gould seconded. All were in favor.
Mr. Deschuytner motioned to adjourn. Ms. Gould seconded. All were in favor. Meeting adjourned at 8:17 pm.
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