TOWN OF WALDOBORO
BOARD OF APPEALS
MEETING MINUTES
February 15, 2005
Present: Art Emanuelson, Russ Hansen, Tyler Lupien, Sam Chapman, CEO John Black, Norma Hill
Absent: Barbara Swiderek
Minutes:
Chairman Chapman called the meeting at 6:43pm and roll call was done. There are no conflicts of interest.
MOTION: Mr. Emanuelson motioned to table the minutes of January 18, 2005, seconded by Mr. Lupien and approved 4-0.
Henry Cabot, 50 Pine St., Setback Variance Request, Tax Map U-11, Lot 18.
Chairman Chapman read the application out loud. Mr. Cabot would like a variance to be able to reconstruct a building within 30 feet of the side boundary. He is in Shoreland zoning.
Jurisdiction: Mr. Hansen does not understand why Mr. Cabot applied for Section 12, C, #3. Mr. Cabot was thinking it might help, Mr. Hansen explained he did not need review under this ordinance.
Mr. Cabot went over his property line dimensions. He would like to rebuild on the same spot as a current building. The house is above the flood zone. He is looking to sell land in the flood zone to the Town. He would like the new boundary line surveyed out around his proposed building. It is 6-8 inches from his foundation to current property line with the town. He feels it would be a value to the Town if he were to rebuild this eyesore. To rebuild he needs a building permit but needs a variance for the boundaries. The current building is abandoned and unusable as is.
Right now a new floor can't be installed because the walls would have to come down.
Section 9 - setback requirements was looked at. Mr. Cabot is limited in height by his foundation. He would like a turret on the roof. There currently is a 16x24 building with a flat roof, one story. This is a conforming lot. It has 226 feet of frontage. In 1985, Mr. Cabot had wanted to do a marina. He found out that where he had wanted to put docks was town owned property. He now wants to fix up his property. If the Town goes along with the purchase of his property in the flood zone, the boundary could be redrawn to see how many square feet he may gain. Either way it is beneficial to the Town to have the building rebuilt so it is not an eyesore from the river. If the boundary were redone he
may gain the 30 feet needed to comply with the property line requirements. There would be plenty of grassy knoll left.
CEO Black reminded the Board that the deal with the town at present is speculation.
Mr. Hansen asked if Mr. Cabot got a copy of the questions from the MMA manual. He did not as the CEO hadn't seen the January 18 minutes yet. They had been submitted.
Justification of Variance questions were then discussed and voted on.
#1 If there were no building he wouldn't have storage, guest house, or a workspaces. Mr. Hansen went over reasonable return. Mr. Cabot has rebuilt 3 other structures on the property. Chairman Chapman noted the land in general for reasonable return is what the Board looks at. Mr. Cabot asked if he could build brand new elsewhere on the property. He can if he meets requirements. If his land swap happens he could rebuild without BOA approval. Mr. Cabot could rebuild a section at a time but would prefer to tear down completely and rebuild that way.
MOTION: Mr. Lupien made a motion to review all four of the criteria for undue hardship before deciding on the appeal, seconded by Mr. Hansen and approved 4-0.
#1 - Chairman Chapman made note that the applicant's answer addresses the building and not the use of the land. Mr. Cabot thinks the other three questions should be looked at first.
#2 - Mr. Cabot feels the property and residence are "married". Mr. Hansen thinks it should be the property only that is looked at. Chairman Chapman justifies that the building is right on the property line. Mr. Emanuelson asked if any other buildings in the neighborhood were similar. The are other small garage/shed type buildings in the area. Chairman Chapman asked if in this area if any buildings are on their property lines. CEO Black stated there were a lot like this in Mr. Cabot's area. The Board agrees 4-0 that there are no unique circumstances.
#3 - The board agrees 4-0 that Mr. Cabot is not altering the character of the neighborhood.
Mr. Chapman read undue hardship from the MMA manual with regards to uniqueness. CEO Black stated that two abutters called him stating they would not want the building to go any higher than it currently is. Mr. Cabot said it is all trees and the building would not obstruct the view of the river.
#4 - The boundary line agreement is from 1969. The building was built back in the 1960's and the current ordinance adopted in 1987. The board agrees with this question 4-0.
#1 - Chairman Chapman feels the land can yield a reasonable return. Mr. Emanuelson asked Mr. Cabot what he will do with the building. There is a lot of open attractive space/land that would be obscured if he had to build elsewhere on his property. The building could be business potential. He has interest in this building from others. Mr. Cabot pointed out the dwindling greenspace as a point in his favor. The Board agrees 4-0 that Mr. Cabot did not prove he could not make a reasonable use of the land without a variance.
MOTION: Mr. Emanuelson motioned to deny the application for a variance, seconded by Mr. Hansen and approved 4-0.
Other business:
CEO Black will follow up on the January minutes.
Chairman Chapman asked if land and property were synonymous. Yes, they are. Land and buildings is the same as property and buildings.
A decision cannot be based on future speculation. A decision could be controlled with conditions or restrictions though.
The Board discussed unique circumstances and conditions that could be attached. Chairman Chapman made note of the intent of the ordinances.
CEO Black is bothered by the wording in question four of the Justifications.
Cases that are still active should not be discussed until they are past the appeal process.
General discussion ensued about a possible training session with the Planning Board and about site visits.
Adjournment: Motion to adjourn at 8:25 was made by Chairman Chapman, seconded by Mr. Emanuelson and approved 4-0.