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ZBA Minutes 06/11/2018

SOUTH BERWICK ZONING BOARD OF APPEALS
Public Hearing
Date: 6-11-2018

ROLL CALL:
Present: Smilie Gregg Rogers, John Klossner, and Frank Jillson
 
Absent – Joseph Rousselle, CEO
 
CALL TO ORDER:
Mr. Rogers called the meeting to order at 6:31 p.m.
 
MINUTES APPROVAL:
Motion to approve minutes of 6-20-2017 by Mr. Jillson, second by Mr. Klossner VOTE: 2-0
 
PUBLIC AUDIENCE:
Mark Lawrence, Attorney for Applicant
Patrick Schooley, Applicant
Dana Libby, Corner Post Land Surveying, Inc.
Bill Gray, Real Estate Agent-Coldwell Banker
Mike Kiesman, 114 Mountain Rd
Mark Adams, 82 Mountain Rd
 
 CORRESPONDENCE:
 
NEW BUSINESS:
#1:          Variance request for Map 4 Lot 69 – Owner Sustainable Real Estate Solutions, LLC request a variance for setback standards.
 
The ZBA Members noted that Mr. Lawrence was a former member of the ZBA Board, none of the members have a problem with him representing the applicant and the do not see a conflict of interest.
 
Exhibits:
A1:         Building Permit
A2:         Abutters Notice
A3:         Denial Letter from COE (4/23/18)
A4:         Appeal Letter from Attorney Mark Lawrence (5/11/18)
A5:         Plaintiff’s Exhibit 1A: Survey from Corner Post Land Survey, Inc.
A6:         Plaintiff’s Exhibit 1B: Survey from Corner Post Land Survey, Inc.
A7:         Plaintiff’s Exhibit 2A: Boundary Survey for August Realty (9/15/04)
A8:         Plaintiff’s Exhibit 2B: South Berwick Tax Map (Map 4)
A9:         Plaintiff’s Exhibit 3A: Property Tax Card (004-060-A)
A10:       Plaintiff’s Exhibit 3B: Property Tax Card (004-070)
A11:       Plaintiff’s Exhibit 3C: Property Tax Card (004-066)
A12:       Plaintiff’s Exhibit 3D: Property Tax Card (004-062-A)
A13:       Plaintiff’s Exhibit 3E: Property Tax Card (004-075)
A14:       Plaintiff’s Exhibit 4A: Transcription of County Commissioners Meeting in 1894
A15:       Plaintiff’s Exhibit 4B: Notes from County Commissioners Meeting in 1894
A16:       Plaintiff’s Exhibit 4C: Warranty Deed (3/30/76) B2121 P774
A17:       Plaintiff’s Exhibit 4D: Deed (7/29/82)
A18:       Plaintiff’s Exhibit 4E: Deed (10/28/98)
 
Mr. Lawrence spoke to the board about the application.  This parcel was part and parcel with the property across the street, the road as it was built, created the layout of this property.  Mr. Lawrence submitted (2) new proposed designs for this property from Corner Post. (Plaintiff’s Exhibit 1A & 1B).  The need for the variance is due to the triangular shape of the property, it makes it very difficult to meet the 50 ft. setbacks required all around the property.
 
Plaintiff’s Exhibit 2A is a survey of Parcel by August Realty and Plaintiff’s Exhibit 2B is the property tax map.
 
Plaintiff’s Exhibit 3A – 3E are property cards for surrounding properties so that Board Members can see what is around this property in question.
Hardship is not action of property owner.  This is a non-conforming lot well before 1979 and the creation of South Berwick Zoning requirements.  Plaintiff’s Exhibit 4A & 4B of County Commissioner Meeting in regards (Oct of 1894) to create a county road in that area.
 
Mr. Lawrence also submitted Plaintiff’s Exhibit 4E-deed from Parent family to August Realty, describing property in 1998 at 0.91 acres and Exhibit 4C (1979) & 4D (1982) are also deeds referring to this property.
 
Mr. Libby stated that with the 50 ft. setbacks all around property it is not possible to have enough space to build a house. 
 
Mr. Rogers closed the Public Hearing at 7:16 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 true.
  • Motion by Mr. Klossner, second by Mr. Jillson VOTE: 3-0
 
  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
 
The Board approved the request for a variance of setbacks standard.
 
Mr., Klossner made a motion to grant the following variance requests, with a second by Mr. Jillson. VOTE: 3-0
  • 22 ft. on North-West/back side of property
  • 10 ft. on the lower/road side of property
  • 16 ft. on the upper/road side of property
 FINDINGS OF FACT FOR VARIANCE REQUEST:
  • Applicant is Sustainable Real Estate Solutions, LLC          
  • Property is R5
  • Non-conforming lot
  • Permit requested for residential use
  • Dimensional requirements of property for variance
  • Parcel became separated from larger parcel in 1894
  • Deed dated May 23, 1951 carved off tax map 4/lot #75 that is across the street
  • Deed dated Oct 28, 1998 deeded this property (Map 4-Lot 69) to August Realty
  • Deed dated 3/17/2018 deeded property to Applicant
  • No value unless variance is granted
  • Neighborhood is residential family homes
  • No action taken by owner or prior owner caused hardship
  • No abutters expressed concern
 
Mr. Klossner made a motion to accept the Findings of Facts, second by Mr. Jillson.  VOTE: 3-0
 
MEMBER COMMENTS:
Mr. Klossner nominated Mr. Rogers for ZBA Chairman, second by Mr. Jillson, VOTE: 3-0
 
Attested by: __________________________________
 
 
Date: _______________________________________