Ms. McPheters presented background information as follows: Fred Chase requests reconsideration of denial for a special exception for an accessory apartment at 31 Gray Road on Map U16 Lot 7D in the Local Business (LB) District.  

The Board must decide whether this request can comply with the following Successive Appeals regulations found in Section 603.5.

After a decision has been made by the Board of Adjustment and Appeals, a new appeal of similar import concerning the same property shall not be entertained by the Board until one year shall have elapsed from the date of said decision, except that the Board may entertain a new appeal if the Chairman believes that, owing to a mistake of law or misunderstanding of fact, an injustice was done, or if he believes that a change has taken place in some essential aspect of the case sufficient to warrant a reconsideration of the appeal.

If the Board decides to reconsider the application, it can happen at this meeting because the case has been advertised and notification provided to abutters as required by ordinance.  

Mr. Wyman stated this application is different, he will make the decision if the Board will reconsider the application.  He stated it is in the record that he received a letter from Ms. Chase requesting reconsideration. He asked if there was any material information that the Board did not hear at the September meeting outside of her opinion in her letter.

Ms. Chase stated she thought there were two reasons the Board should reconsider her appeal.

1.  She felt that procedurally her request should have been handled separately.  At the last hearing there were two requests, one for a single-family dwelling in the Local Business District and the request for an accessory apartment on that single-family dwelling.

2. The second reason was that the finding of fact was not noted for the accessory apartment.  She thinks it should have been approved.

Mr. Wyman stated he reviewed the case. The reason for a re-hearing would be if there were a misunderstanding of fact or an insufficient review of the law.  He has reviewed the minutes and the information that the Board reviewed in the original request.  Mr. Wyman denied the request for reconsideration.
the requirements of Sections 407.1, 602.2.3 and 603.2.7.  She didn't

Mr. Wyman stated he couldn"t discuss this or the Board would be taking testimony, which would constitute a new hearing.  He stated the Board's letter describes there was a motion made to deny the request by unanimous decision of the Board.

Ms. Chase asked if the Chairman felt there was a procedural problem with the motion.

Mr. Wyman stated he did not.

2.      Special Exception                           Peter E. Higgins
                                                  125 Bruce Hill Road
                                                  Tax Assessor Map R05, Lot 42B
                                                  Rural Residential 2 District

Ms. McPheters presented background information as follows: Peter E. Higgins requests a special exception for an accessory apartment at 125 Bruce Hill Road on Map R05 Lot 42B in the Rural Residential 2 District.

This application was tabled from the previous meeting.  The applicant has provided a floor plan for the basement living area and requests that the entryway, half bath and laundry room on the first floor is considered as living area.  The applicant has provided a floor plan for the proposed apartment.  The existing three-bedroom dwelling is 1,677 square feet of living area and 40% of that area would be 670 square feet.  The revised plans would increase the living area to 2,913 square feet, which would allow an accessory apartment of 1,165 square feet.  The calculated 806 square feet of the apartment appears to be less than the maximum 40% allowed by the ordinance.  The applicant has not provided a septic system design for the apartment but has consulted with a soils engineer and will provide a full design for the building permit if the special exception is granted.  

The Board will need to determine that the use will comply with the Sections 407, 603.2.3 and 603.2.7 of the Zoning Ordinance.

Mr. Wyman asked Mr. Higgins to explain the changes to his plan.

Mr. Higgins stated he had submitted a plan for the basement which shows a workout and play area to be considered as living space.

Mr. Wyman asked if the basement was finished.

Mr. Higgins stated no.

Mr. Wyman asked how often the gym area was occupied.

Mr. Higgins stated the exercise area is used four times a week for approximately two hours.  The playroom area is used every other weekend.  He stated he contacted the State of Maine reference library and there is no definition by the State for living area.

Ms. McPheters stated the Ordinance doesnt define living area, she uses the assessors card that states the living area square footage.

Mr. Black stated the tax card states 1,677 square feet of living space.

Mr. Higgins stated he didnt think that was correct, he didnt think the number included the entryway, which has a ½ bath and laundry area.

Mr. Black asked the applicant if he had talked with the Tax Assessor for an adjustment.

Mr. Higgins stated no.

Mr. Martin asked if the basement was concrete or finished.

Mr. Higgins stated it is a daylight basement with no floor covering or partitions.

Mr. Black asked if there was an addition required for the accessory apartment.

Mr. Higgins stated yes, he would like to add a third bay to the existing two-car garage and have living area above.

Mr. Wyman asked if the addition would be added to the existing house.

Mr. Higgins stated yes.

Mr. Wyman asked for testimony from the public in support of the application.  There was none.  He asked for testimony from the public in opposition, neutral, or informational.

Mr. Richard Jensen, of 283 Range Road stated his property was at the end of Bruce Hill Road, and asked the zoning district and minimum lot size required for the house.

Ms. McPheters stated the property is located in the RR2 district, which requires a two-acre minimum.

Mr. Jensen asked if the proposed apartment was for a family member or a rental unit.

The public portion of the meeting was closed.

Mr. Higgins stated the accessory apartment would be for his parents to use from Memorial Day through September.

Mr. Turner asked if there was anything about the basement that would define the space as living area other than exercise equipment.  Are there any partitions or floor coverings?

Mr. Higgins stated no, there is no carpet the basement is damp.

Mr. Black asked if there was a half bath in the basement.

Mr. Higgins stated no.

The Board discussed the dimensions of the house and the square footage of the living area.

The Board determined to use 1,703 square feet as the living area for the existing house.

Mr. Martin stated he was not able to consider the basement area as living space.

Mr. Black asked if there were any heating ducts in the basement.

Mr. Higgins stated no, the furnace is in the basement, which provides heat.

Mr. Black stated the unfinished space is not taxed as living space.

Mr. Wyman stated in the past the Board has looked at some non-traditional areas as living space.  He would agree the basement could not be considered living space.

Mr. Turner stated looking at the 40% requirement in the Ordinance it might have been the intent to keep accessory apartments in proportion to the main house.  All plans are open to question, the daylight basement could be finished and architecturally there would be no difference.  He agreed that with the present circumstances it would be difficult to consider the unfinished basement as living space.

Mr. Wyman stated the maximum the accessory apartment could be is 680 square feet.

Mr. Martin stated if the applicant finished the basement he may be able to proceed, with his request for this size apartment, but it doesnt appear he can re-apply.

Mr. Turner stated he has seen accessory apartments that are less than 700 square feet and are adequate.

Mr. Wyman stated the applicant could have the board act on the application or withdraw.

Mr. Higgins asked if he would be able to build a third bay to his garage with additional living space.

Ms. McPheters stated a building permit would be issued through the Code Enforcement Office for living space but it could not contain a kitchen, and the septic system would have to be adequate to accommodate an additional bedroom.

Mr. Higgins asked to withdraw his application for an accessory apartment at 125 Bruce Hill Road, Tax Assessor Map R05, Lot 42B.

Administrative Matters

1.      Minutes of September 18, 2003 meeting

Mr. Martin moved to approve the minutes of September 18, 2003.