02/8 -

MINUTES - to be approved at the March, 2008 Meeting
FREEPORT BOARD OF APPEALS
Monday, February 4, 2008
7 p.m.—Council Chambers


Attending: Chair Shannon Garrity, David Gagne, Doug Reighley and Rick Warren

Excused: Steve Bradbury and Tom Peredy

Absent: Sarah Dalton


Chair Garrity called the meeting to order at 7:05 p.m. and explained the Board’s process to members of the public.

ITEM I: Minutes of the January 7, 2008 Board of Appeals Meeting

MOVED AND SECONDED: To approve the Minutes of the January 7. 2008
Board of Appeals Meeting as printed. (Reighley and Gagne) VOTE: (4 Ayes)
(2 Excused—Bradbury & Peredy) (1 Absent—Dalton)


ITEM II: Tabled Matters and Unfinished Business:

None

ITEM III: Public Hearings

Kristen Millar, 2 Bartlett Court, off Park Street, South Freeport, Tax Map 2, Lot 61, Page 55 —To consider a side setback reduction for the relocation and reconstruction of an existing non-conforming dwelling unit, zoned V 2, 15 foot side setback required.

Mr. Reeder provided an explanation on this application. There are two family dwellings on the same lot. He researched this application with the Town Attorney to make sure that the request is appropriate. He also provided copies of Page 34 of the Ordinance to Board members. He suggested ignoring one of the existing dwellings and focusing on the request to relocate and rebuild the other dwelling. The applicant owns both of them.

Tom Wright explained that he is representing Larry Welsher since he is in France. Mr. Welsher is Ms. Millar’s general contractor. He referred to the plans and pointed out the small structure that will be removed. They are requesting a 7 ˝’ reduction and their request includes the overhangs of the building.

Mr. Reighley noted that the building being torn down was once used as a garage and the new building will be more attractive. Mr. Reighley pointed out that there are two sheds on the property that might not be necessary with the increase in the house size. If the application is approved, he would suggest that the two sheds be removed. He asked about the proposed siding. Mr. Wright explained that the new house would have clapboard siding that will match the other house on the property. It will be similar to Mr. Welsher’s house across the way.


Chair Garrity opened the public portion of the meeting. Mr. Reeder provided a letter from Joan Laughlin stating she has no objection to the building or the setback reduction. Chair Garrity closed the public portion of the meeting.

Mr. Warren asked what these houses would be used for. Mr. Wright pointed out that the front one would be a rental and Ms. Millar plans to move into the new one in the rear. Mr. Reeder noted that the owner cannot split the lot but can do a condominium. It is a legal residence.

Mr. Warren read the criteria contained in the Ordinance and asked why it is not practical to construct the new dwelling in conformance with the Ordinance. Mr. Wright pointed out that it would not be possible to access a garage and it would be difficult to get the center chimney in. In the proposed plan, it is an aesthetically good-looking cape with a garage on the side. Discussion followed on moving the building the over and reducing the reduction on the Laughlin side. Mr. Warren would prefer that the screen porch not encroach the setback reduction. He suggested moving the door. Chair Garrity agreed. Mr. Reighley suggested turning the house 90 degrees and the screen porch could be off the living room. Mr. Wright was unsure how the owner would enter the house. Mr. Warren noted that Ms. Laughlin did not voice any objection but he would like to see at least the non-conforming shed be removed. He is interested in minimizing the non-conformance. He mentioned that it is a nice looking home and he would not classify it as a cottage.

Chair Garrity asked if the deck or patio counts as structures. Mr. Reeder clarified that unless they are flush with the earth, they do count as structures. In this situation, it appears it would meet the setback and it wouldn’t go beyond the edge of the house.

MOVED AND SECONDED: To grant Kristen Millar, 2 Bartlett Court, off Park Street, South Freeport, Tax Map 2, Lot 61 a limited setback reduction of 7 ˝’ for the removal of an existing house and the replacement of a new structure. The main body of the house effects the side setback reduction. The screen porch shown on the blueprint will be moved and constructed within the building envelope and not effect the side setback reduction and that the non-conforming shed will be removed and if the conforming shed’s contents can effectively be placed in the garage, that shed will also be moved based on the plans signed and dated this night. (Reighley and Gagne) ROLL CALL VOTE: (4 Ayes)
(2 Excused—Bradbury & Peredy) (1 Absent—Dalton)

Mr. Wright signed the plans.


ITEM IV: New Business

Mr. Reeder pointed out that the Board is scheduled to meet with the Council in March. If the Board is comfortable that it does not have anything to discuss, the Chair needs to send a note to the Town Manager. Chair Garrity noted she would write to Mr. Olmstead.


Mr. Reeder explained that he would schedule Chris Vaniotis at 6 p.m. on March 3. Mr. Warren noted that he would be interested in getting points of clarification from other communities that Mr. Vaniotis encounters. Mr. Reeder suggested that Board members write down any questions they would like the Town Attorney to cover.

Mr. Reighley would like pencils provided to the Board and Mr. Reeder offered to pick up some.

ITEM V: Adjournment

MOVED AND SECONDED: To adjourn at 7:47 p.m. (Reighley & Gagne)
VOTE: (4 Ayes) (2 Excused—Bradbury & Peredy) (1 Absent—Dalton)




Respectfully Submitted,


Sharon Coffin
Recorder