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ZBA Minutes 06/14/2017 

SOUTH BERWICK ZONING BOARD OF APPEALS
Public Hearing
Date: 6-14-2017
ROLL CALL:
Present: Peter Grace, John Klossner, Frank Jillson and Joseph Rousselle, CEO
 
Absent – Mark Lawrence, Smilie Gregg Rogers
 
CALL TO ORDER:
Mr. Grace called the meeting to order at 6:31 p.m.
 
MINUTES APPROVAL:
Motion to approve minutes of 9-29-2016 by Mr. Klossner, second by Mr. Jillson VOTE: 3-0
 
PUBLIC AUDIENCE:
Richard Peterson, 44 Lords Lane
Mary Jo Peterson, 44 Lords Lane
Warren & Nancy Dugmore, 48 Lords Lane
 
CORRESPONDENCE:
 
NEW BUSINESS:
#1:       Variance request for Map 15 Lot 57 (Owner: Mr. & Mrs. Peterson) – request a variance for exceeding lot coverage by wanting to put in a pool.
 
Exhibits:
A1:      Application for Variance Request
A2:      Letter to Town from Mr. & Mrs. Peterson
C1:       Abutters Notice
C2:       Building Permit (5-1-17)
C3:       Property Map
C4:       Denial Letter (5-23-17)           
 
Mr. Peterson spoke to the Board about why they are asking for variance.  Property is 20,037 SQ and with pool they would exceed the 20% lot coverage.  Pool would be for medical reasons for Mrs. Peterson.  The pool would be 18 ft. diameter above ground pool.  Land behind the house is wetlands, they just can’t buy it to solve the problem.  Property is in the R-3 Zone and states that you cannot exceed 20% lot coverage (driveways, buildings and other accessory building-anything that covers the ground)
 
Joe Rousselle stated that the denial for building permit was issued because they can’t meet lot coverage requirements. 
 
Mr. Peterson said that he does not need this variance to yield a reasonable return on his property and the pool is not going to improve his marketability.  He believes that the need for the variance is due to the unique circumstances of his property and that it will not alter the essential character of the property and the hardship is not a result of his actions.
 
Mr. Grace stated that if the 20% requirement existed when he got his permit then it would be his fault and a result of his action.  Mrs. Peterson says that it is very important for someone to figure out when this went into effect. 
 
 
 
 
 
Mr. Grace closed the Public Hearing at 7:24 pm to discuss variance request.
 
  1. The land in question cannot yield a reasonable return unless the variance is granted
  • The Board agreed that this is not true.
  • Motion by Mr. Klossner second by Mr. Jillson  VOTE:0-3
 
  1. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood
  • The Board agreed that this is true.
  • Motion by Mr. Klossner second by Mr. Jillson  VOTE: 3-0
 
  1. The granting of a variance will not alter the essential character of the locality
  • The Board agreed that this is true.
  • Motion by Mr. Klossner second by Mr. Jillson  VOTE: 3-0
 
  1. The hardship is not the result of action taken by the appellant or a prior owner
  • The Board agreed that this is true.
  • Motion by Mr. Klossner second by Mr. Jillson  VOTE: 3-0
 
Mr. Grace made a motion to deny the request for a variance for exceeding lot coverage by wanting to put in a pool, second by Mr. Klossner.  VOTE: 3-0
 
FINDINGS OF FACT FOR VARIANCE REQUEST:
  • Owners are Mr. & Mrs. Peterson
  • Address is 44 Lords Lane
  • Map 15 Lot 57
  • Permit received (5-23-17)
  • Denial letter (5-23-17)
  • Application for Variance (5-9-17)
  • Lot size is 20,250 SQ FT based on appellants dimensions
  • Town lists lot size as 20,037.60 SQ FT
  • Lot is non-conforming
  • Located in R-3 and exceeds 20 % lot coverage
 
Mr. Klossner made a motion to accept the Findings of Facts, second by Mr. Jillson.  VOTE: 3-0
 
MEMBER COMMENTS:
 
Motion by Mr. Klossner second by Mr. Jillson to adjourn the Meeting at 7:40 p.m.  VOTE: 3-0
 
Attested by: __________________________________
 
Date: _______________________________________