Absent:     R. Scott Wyman, George Turner

Staff:       Barbara McPheters, Code Enforcement Officer, Debbie Flanigan, Clerk
The meeting was called to order at 7:06 p.m.
I.      Variance              Rodney &Barbara Hamilton
                                                  57 North Road, Chebeague Island
                                                  Tax Assessor Map I04, Lot 24
                                                  Island Business/ Island Residential/ Limited
                                                  Residential Shoreland Overlay District

Mrs. McPheters presented the background information as follows: Rodney & Barbara Hamilton request a variance of seventeen (17) feet from the sixty-five (65) foot combined side setback requirement for an addition to a single family dwelling at 57 North Road, Chebeague Island on Map I04 Lot 24 in the Island Business/ Island Residential/ Limited Residential Shoreland Overlay (IB/IR/LR) Districts.

The applicants are requesting approval to build an addition to accommodate a kitchen expansion, pantry, bath and family room.  The dwelling was built about 1900 and the combined side setback requirements were enacted in 1975.

The variance request must comply with the hardship definition in Section 104.138.

Mrs. Hamilton stated that with the new addition, they would be 17' short on the side setback.  They needed the extra space for children and grandchildren for special occasions.

Mr. Kendall inquired if the home was a year-round home.

Mrs. Hamilton stated that it was.

Mr. Kendall asked it the addition was on the right side of the home.

Mrs. Hamilton stated that it would be on the left side as you face the front of the home. The family room would be 18" x 24.

Mr. Manahan inquired if there was a wrap around porch, and if the current home was 22 x 33 without the wrap around porch.

Mrs. Hamilton stated that was correct.

Mr. Black inquired about the size of the lot.

Mr. Hamilton stated that it was less than 1 acre.

Mrs. McPheters stated that the lot was 33,976 square feet.

Mr. Black asked Mrs. McPheters if the setbacks that apply were in Section 204.4.4 and 204.4.5.

Mrs. McPheters that the setbacks that apply were in Section 204.4.4, Island Residential District.

Mr. Black stated that Section 204.4.5 contained an exception for lots of a certain size.

Mrs. McPheters asked Mr. & Mrs. Hamilton to explain where the property was located on the Island map.  She determined that the house is located in the Island Business District, which would be Section 204.11 of the Zoning
Ordinance.  

Mr. Kendall stated that in the Island Business District the side setback is 20 on each side.

It was determined that no variance was required for Mr. & Mrs. Hamilton.

II.   Special Exception                                Timothy Gooch
                                                                                199 Gray Road
                                                                                Tax Assessor Map U20, Lot 70
                                                                                Local Business/ Rural Residential 2/
                                                  Limited Residential Shoreland Overlay

Mrs. McPheters presented background information as follows:  Timothy Gooch request a Special Exception for a duplex dwelling at 199 Gray Road on Map U20 Lot 70 in the Local Business/Rural Residential 2/ Limited Residential Shoreland Overlay (LB/RR2/LR) Districts.

The applicant is requesting approval of a two family dwelling on a newly created 6-acre lot. A proposed deed has been received for the affected lot of land.  It appears that the lot has been created with less than the required 150 feet of frontage along Gray Road, however, a private way application and plan has been submitted.  Preliminary review indicates that the plan should be approved in the near future.  Duplex dwellings are permitted by Special Exception in accordance with the Zoning Ordinance amendment effective December 25, 2002.

The Special Exception request must comply with criteria found in Section 603.2.3.

Mrs. McPheters stated that she had discussed the private way plan and application with Adam Ogden, Public Works Director and would like to ask Mr. Gooch some questions about the MDOT Permit.

Mr. Gooch explained that he had recently purchased the land and wished to construct a duplex, which would be accessed by a private way.

Mr. Manahan inquired about Section 204.6.3.4 of the Zoning Ordinance:  "There shall be no less than 150 feet of frontage on a public right-of-way.  Private rights-of-ways were not addressed in that section of the Zoning Ordinance.

Mrs. McPheters stated that Mr. Gooch was attempting to create a back lot under Section 403.1:  The creation of a lot which does not have the required frontage on a public right-of-way shall require twice the minimum lot size for the district in which it is located, and shall require a right-of-way no less than fifty (50) feet wide.

Mr. Manahan stated that a back lot is described as: A lot which does not abut or front on a public right-of-way, and where access to the road is by a narrow, private right-of-way. Mr. Goochs lot does abut or front on a public right-of-way, so it does not meet the definition of back lot.

Mrs. McPheters stated that the applicant has to meet the standard for whichever zone the portion of the lot is in.

Mr. Manahan asked which zone the road frontage was in.

Mrs. McPheters stated that portion of the lot with road frontage was in the Local Business District.

Mr. Manahan stated that he does not feel the lot met the definition of back lot, because it did abut a public right-of-way.

Mr. Black expressed concern that Mr. Goochs lot did not meet the requirement of 150 of road frontage, as required in 204.6.3 of the Zoning Ordinance.  He referred to Section 403.1 of the Zoning Ordinance referring to backlots:

The creation of a lot which does not have the required frontage on a public right-of-way shall require twice the minimum lot size for the district in which it is located, and shall require a right-of-way no less than fifty (5) feet wide, except that in no case shall such private right-of-way be required to be wider than the public right-of-way it intersects.

Mr. Copp inquired as to when the lot was created.

Mr. Kendall stated it was created in February of 2003.

Mr. Manahan stated that the current lot was formerly part of a bigger lot.  There are now 2 lots with less than 150 feet of frontage on the public right-of-way. He suggested having Mr. Goochs attorney, Terry Snow explain why the newly created lot did not meet the requirement of 150 in the Local Business District.

Mr. Kendall advised Mr. Gooch that he has three options: the Board of Adjustment & Appeals could act on his application now, he could withdraw his application, or he could table the application to talk with his attorney Terry Snow.

Mr. Gooch stated that he was currently renting. He had sent a letter to Mrs. McPheters asking for her advice on how to proceed with developing the land.

Mr. Kendall advised Mr. Gooch that his best option was to table the application until the next meeting, giving him time to consult with Mr. Snow.

Mr. Manahan stated in the February 13, 2003 Board of Adjustment & Appeals meeting minutes that it was stated that the lot had been created with less than the required 150 of frontage on Gray Road.

Mr. Gooch decided to table his application.

Mr. Manahan moved to table the application of Timothy Gooch, requesting a Special Exception for a duplex dwelling at 199 Gray Road on Map U20 Lot 70 in the Local Business/Rural Residential 2/Limited Residential Shoreland Overlay (LB/RR/LR) Districts.

Seconded by Mr. Martin.                             VOTE:   UNAMIMOUS (5)

III. Administrative Matters

Mr. Kendall stated that the minutes of the April 10, 2003 meeting of the Board of Adjustment & Appeals would be tabled to the June meeting.

IV.     Adjourn

Mr. Martin moved to adjourn the meeting at 7:45 pm.  

Seconded by Mr. Black.                                             VOTE:  UNANIMOUS (5)



Respectfully Submitted,


Debbie Flanigan, Secretary