01/11 -
MINUTES
FREEPORT BOARD OF APPEALS
Monday, January 7, 2008
7 p.m.—Council Chambers
Attending: Chair Shannon Garrity, Steve Bradbury, Sarah Dalton, David Gagne, Doug Reighley and Rick Warren
Absent: Tom Peredy
Chair Garrity called the meeting to order at 7 p.m. and explained the Board’s process to members of the public. Mr. Reeder pointed out that the meeting is being televised this evening and speakers will need to go to the podium.
ITEM I: Minutes of the November 5, 2007 Board of Appeals Meeting
MOVED AND SECONDED: To approve the Minutes of the November 5, 2007
Board of Appeals Meeting as printed. (Reighley and Bradbury) VOTE: (4 Ayes)
(2 Abstentions—Bradbury & Dalton) (1 Absent—Peredy)
ITEM II: Tabled Matters and Unfinished Business:
None
ITEM III: Public Hearings
Victor Trodella and Rebecca Brown, 707 Wolfe’s Neck Road, Tax Map 24A, Lot 19, Book 25513—To consider side setback reductions for a garage and alterations to an existing dwelling, zoned RR 2, required setbacks are 50’ front and sides and 75 feet rear and water.
Mr. Reeder pointed out that this application has been withdrawn.
Janet Curra and Josh Jellis, 106 Webster Road, Tax Map 22, Lot 10C, Book 24523, Page 331—To consider a setback reduction for an addition to an existing dwelling, zoned RR 1, 50 foot setbacks front and side required, 75 feet in the rear required.
John Labbe of Birchwood Builders explained that he is representing Ms. Curra and Mr. Jellis this evening. He noted that the applicants want to improve the value of their home and living space by adding a breezeway and garage. Hancock Lumber Company drafted the plans. He provided a revised plot plan to board members showing the location of the home as well as other structures that would limit where the addition can be added. A new wastewater system was installed in 2006. They do not want to interfere with the new pump line that goes along the back of the property. There is also a steep ravine in the rear of the home extending 50-60 yards with a brook running from the northeast side to the northwest side. Pictures were provided of the property. He is requesting an 18’ reduction even though he only needs 17’. The extra foot will provide some room for an overhang. He found the front pins and was able to measure correctly even though he is not a licensed surveyor.
Mr. Bradbury asked him if he would be willing to put his insurance on the line and if the addition is found to be mislocated in the future, would he take responsibility for making the error and correcting it. Mr. Label noted that he is very confident there will be no issues with his measurements.
Mr. Jellis advised that the house was built in 1962 and a new septic line runs behind it.
Chair Garrity opened the public portion of the meeting. There were no comments or correspondence. Chair Garrity closed the public portion of the meeting.
For the record, Mr. Bradbury stated that he is familiar with the property and the ravine. He feels that the ravine certainly poses a problem and he will be supporting this application.
MOVED AND SECONDED: To grant Janet Curra and Josh Jellis of 106 Webster Road, Tax Map 22, Lot 10C, an 18’ front setback reduction for the construction of a garage and mudroom per the plans signed and dated this date. (Bradbury & Reighley) ROLL CALL VOTE: (6 Ayes) (1 Absent—Peredy)
Mr. Bradbury cautioned the applicants that if any changes are determined necessary, they should return to the Board before proceeding.
Stuart and Carol MacDonald, 79 Spar Cove Road, Tax Map 28, Lot 12, Book 135655, Page 14—Side Setback Reductions for a new barn, zoned RR 2, 50 foot setbacks are required front and sides, 75 shore setback required.
Mr. MacDonald explained that he purchased his home 21 years ago. He erected a 30’ x 16’ covered plastic shed on a pad where he built a boat and stored one there. It looks awful but he owns several boats. He would like to put in a 24’ x 36’ John Libby-type barn but needs a reduction of 25’ from the Richards’ line on the southwest side. He has Mark and Elizabeth Richards extremely supportive of his plan. He explained how he measured and noted that there is no other place on his property for this barn although it could move closer to his home if the Board deems it necessary. He has spoken to all of his abutters. He is fearful that Nancy Martin may lose a tiny bit of her water view but he has discussed it with her. The barn has not been surveyed in and flagged. He is prevented from moving on the northeast because of his septic system and the existing gully. He has no hardship but he really would like to build a barn. It will be a very nice structure with nice windows. He will personally assume any liability if the barn is constructed where it is not supposed to be.
Mr. MacDonald noted that Linda Allen has a substantial property that is right on the road that is closer than the normal setback. He also called another neighbor within 200’ and learned that he had no objections to the barn.
Chair Garrity opened the public portion of the meeting. Letters in support were received from: Nancy Martin of 84 Spar Cove, Mark and Elizabeth Richards of 81 Spar Cove Road,
Stash Zdanuk of 76 Spar Cove Road who has contracted to purchase the property from Nancy Grape (she also had no objections) and Bob and Bev Sbrilli of 77 Spar Cove Road
Chair Garrity closed the public portion of the meeting.
Mr. Warren questioned what prevents Mr. MacDonald from slipping the barn back 10-15’ and how it would affect the view for the neighbors. Mr. MacDonald noted that he needs to get rid of the plastic shed he refers as “the twinkie” and then determine what Ms. Martin has for a view. He could push it back if the Board required him to. It is the only flexible dimension he has. He wants to be a good neighbor. The maximum he would need is 25’ and 25’. He is not planning to start construction right away. He is still looking at designs and possibly radiant heat.
Mr. Bradbury noted that he would like to see an application that shows exactly what Mr. MacDonald is proposing. Mr. MacDonald noted that he would like to get 25’ and 25’. He understands that if it is mislocated, he has to tear it down.
MOVED AND SECONDED: To grant Stuart and Carol MacDonald of 79 Spar Cove Road, Tax Map 28, Lot 12, a 25’ front setback reduction and a 25’ southwest side setback reduction for the construction of a boat storage facility as shown on the plans signed and dated this night. (Bradbury & Reighley)
ROLL CALL VOTE: (4 Ayes) (2 Nays—Warren & Dalton) (1 Absent—(Peredy)
Mr. Bradbury cautioned the applicant to return to the Board if anything changes but Mr. Reighley pointed out that he does not need to return to the Board if he uses less of the reduction.
ITEM IV: New Business
Mr. Reeder pointed out that the Board is scheduled to meet with the Council in March but the Board can discuss items at its next meeting.
Mr. Reeder explained that Town Attorney would be meeting with the Board on February 5. Mr. Bradbury advised that he will not be here and he recalled that Dr. Peredy would be away as well. Mr. Reeder offered to contact Chris Vaniotis and see if he is available in March.
ITEM V: Adjournment
MOVED AND SECONDED: To adjourn at 7:55 p.m. (Garrity & Bradbury)
VOTE: (6 Ayes) (1 Absent—Peredy)
Respectfully Submitted,
Sharon Coffin
Recorder
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