TOWN OF WALDOBORO
BOARD OF APPEALS
MEETING MINUTES
AUGUST 26, 2004
PRESENT: Sam Chapman, Chairman; Art Emanuelson; Bobbi Swiderek, John Black, CEO.
ABSENT: Russ Hansen, Tyler Lupien
PUBLIC: Sam Cohen, Bill and Barbara Howlett, Lois Vanna
I. ROLL CALL
Chairman Chapman called the meeting at 6:35 pm and roll call of those present was done. He asked members if there were any bias or conflict of interest and there is none.
Chairman Chapman then outlined the meeting procedures and read the application being heard tonight.
II. Shoreland Zoning - Section 15. Lot Use Standards - A. Minimum Lot Standards I. Minimum Lot Size Ordinance Section 9. Setback Requirements (50 feet from edge of traveled way and 30 feet from side lot line); and B. Principal and Accessory Structures 1. (Setback of 75 feet from high water).
1. William Howlett requests a variance provided under Section 16. Administration, G. Appeals, 1. B. Variance Appeals and 2. Variance Appeals to construct a replacement garage for a building taken down several years ago. 121 Jefferson Street, Tax Map U5, Lot 3.
The request is to replace a garage that was torn down a few years ago on a non-conforming lot.
Shoreland zoning Ordinance, Section G-2A was looked at to establish jurisdiction.
Mr. Howlett made a presentation and outlined the dimensions of his property. Nothing can be done here, as it is a non-conforming lot already. He has made compromises in going with a smaller structure than what previously existed. He feels this project would conform to conditions that already exist on this side of Jefferson St.
Ms. Swiderek asked Mr. Howlett when the original structure was torn down. This was 4-5 years ago partially due to a letter from the previous CEO stating it was unsafe.
The proposed building will hold one car, some storage and a partial basement foundation. The rest would be on a frost wall foundation. Mr. Howlett will also go to the DEP to get
Town of Waldoboro
Board of Appeals
Meeting Minutes
August 26, 2004
Page Two
permission to stabilize the slope to the river. The new garage will be a standard 8-foot high wall. The old garage was probably built in the 1930's.
Mr. Cohen is representing Martha Boggs, an abutter. He noted the criteria on the application that the Board must look at to justify the variance. He states the previous garage was torn down in 1998 and the land has been used since then. From Bear Hill Market to Achorn's property are 8 homes and only 3 of them have garages. The other 5 are close to the home. This lot is not unique to the neighborhood.
With regards to the hardship of this application Mr. Cohen states that if, at minimum, a wall of the old garage had been left then a new garage could have been erected. Therefore, this problem is due to the actions of the applicant.
Mr. Cohen does not want a precedent set by granting this variance.
Ms. Swiderek asked how much of the structure had to be left for it to be considered grandfathered. Within Shoreland Zoning it is 50% of the market value of the structure and within one year of the date of damage. Shoreland Zoning Ordinance, Section 3.
Mr. Emanuelson asked Mrs. Boggs what kind of hardship this would create for her property if this garage were built. Mr. Cohen felt this was an inappropriate question and would not answer or allow his client to answer.
Chairman Chapman called for a motion on the request for variance.
MOTION: Ms. Swiderek motioned to grant the appeal, seconded by Mr. Emanuelson.
Chairman Chapman made note that it has been the Board's practice in the past that they consider it a hardship not to have a garage in the state of Maine. He commented, though, that the circumstances previously for granting garages by this Board have not been as complex as this case. This issue is one the Board has agonized over many times.
Ms. Swiderek asked Mr. Howlett if the garage could go further into the property and was told that it really was not feasible.
Chairman Chapman suggested installing a new entrance closer to Mill St. Mr. Howlett does not think DOT would grant this, which is why he has not pursued that option further.
Town of Waldoboro
Board of Appeals
Meeting Minutes
August 26, 2004
Page Three
Justification of Variance: Statutory Requirements for Undue Hardship
1) A garage existed for storage previously at the time of purchase. The basement of the house is too wet. Based on previous precedent by the Board it is a hardship not to have a garage and this is met 3-0 in favor.
2) Nearly all the lots on the riverside of Jefferson Street are non-conforming. Mr. Emanuelson feels the circumstances of the lot make it unique. Ms. Swiderek states that due to the close proximity to Mill Street that there really is no other spot on the property where a garage could be placed. Upon further research of a town map the Board concurs 3-0 that there is no unique circumstance of this property.
3) A garage would not change the character of the neighborhood. The Board is in agreement with this 3-0.
4) The hardship was due to the previous garage being taken down and not rebuilt with in the year. The Board feels this was in part due to the actions of the applicant and therefore caused the "undue hardship" 3-0.
Two of the four hardship requirements were negative and it only takes one to deny the application.
ACTION: All in favor of granting the application - 0-3, variance denied.
III. MINUTES
MOTION: Mr. Emanuelson motioned to approve the minutes of May and July 2004, seconded by Ms. Swiderek.
ACTION: Accept the May 2004 minutes, 3-0.
Accept the July 2004 minutes, 2-0-1.
IV. ADJOURNMENT.
MOTION: Ms. Swiderek motioned for adjournment at 7:27pm.
Respectfully submitted,
Norma A. Hill
Secretary to the Board