ZONING BOARD OF APPEALS
Meeting Minutes of March 26, 2007
Town Administration Building,
Meeting Room #1, 7:00 PM
Chairman Tony Andre called the meeting to order at 7:05 PM. Present were regular members Norman Czech, Ingrid Thompson, Dennis Fountain and alternate member Walter Solzak. Also present was clerk, Mary Watson, recording minutes. Member Russ Brown and alternate member Gary Doane were absent.
Clerk Mary Watson read the Public Hearing Notice. Motion acknowledging receipt of the letter from the Town Planner, Linda Leduc, dated March 23, 2007 was made by N.Czech and seconded by D.Fountain. All were in favor (5:0). Motion acknowledging receipt of the abutter list was made by I.Thompson and seconded by N.Czech. All were in favor (5:0).
7:00 PM-Request for a Variance for the property located Off High Street, Thorndike. The variance is for the applicants William Lemon and Attorney Raymond Blanchette to construct a four family residence on a property without the required frontage or depth.
The parcel is in the Town Residential Zoning District, which requires a minimum of 150’ frontage, a minimum of 30,000 square feet, and a minimum of 200’ depth. Attorney
R. Blanchette gave the presentation to the Board; applicant William Lemon was not present. The land was subdivided in 1954. The 25’ easement was historically used as access to the property as shown by R.Blanchette on the plan.
In 1961, Leon Janus acquired the four lots from four different individuals, and he retained them until his death in 1999. In his will, he left one lot to each of his four nieces and nephews.
R.Blanchette stated that the private way should be considered the properties legal frontage. R.Blanchette advised that the lots are continuous and in order to utilize the lots they would need to be combined. T.Andre advised R.Blanchette that there is no frontage; the proposed frontage is going into the abutters’ property. N.Czech read the definition of frontage as stated in the Town of Palmer’s Zoning By-laws. N.Czech stated that a private way does not meet the definition of frontage, and that the application does not otherwise provide sufficient proof of hardship. R.Blanchette stated the hardship is that there is no economic use on a variance. N.Czech advised that economic use is not a hardship, and the application states the reasons for granting a variance for a hardship. R.Blanchette provided no evidence of hardship to the Board. T.Andre asked the abutters who were present to state their names for the record. The abutters present were: Marie and Scott Messier from
4458 High Street, Thorndike, Carolyn and Ronderick Squier from 4470 High Street, Thorndike, Geraldine Olson from 4452 High Street, Thorndike and Randy Jasack from 4331 High Street, Thorndike. T.Andre asked if there are any abutters that are in favor of this variance. All the abutters who were present were not in favor of the variance. R.Blanchette advised that the Board granted a similar variance in 1997 to a different landowner in the same subdivision, and that the decision should be used as a reason to grant a variance to Mr. Lemon. T.Andre advised it was wrong for the first variance in 1997 to be granted. N.Czech advised that whatever happened in 1997 has no bearing on their decision today. There are no current members on the Board that approved the variance from 1997. Geraldine Olsen asked the Board what the width of the property is and that it is not stated on the map. T.Andre advised that the width is twenty-five
feet. Scott Messier advised he is concerned with his privacy. Marie Messier advised that they would be driving into their yard, if this variance would be approved. Caroline Squier advised that she has kids and they cannot play in the front yard, since her front yard is so small and her kids can only play in the back yard. Caroline Squier asked what is the size of the proposed property. T.Andre advised the property is 30x90. Randy Jasack advised that the lawyer should have notified the purchaser of the right of way in the back. T.Andre advised that the right of way is not a problem; the Board is only concerned with the frontage. T.Andre asked if there were any abutters’ who would like to add any other comments. The abutters made no other comments. T.Andre asked if the Board had any other comments. Motion by N.Czech to deny the variance due to no frontage and no depth on the property located Off High Street,
Thorndike. Seconded by D.Fountain. The vote passed (5:0). The variance was denied.
John Handzel was present and wanted to discuss with the Board his application for an administrative appeal for the property located at 44 North Street, Palmer. N.Czech advised that since there has been no public meeting and no posting has been made, as of yet, then the Board couldn’t comment on his appeal. Motion made by N.Czech to table the administrative appeal for John Handzel. Seconded by D.Fountain. All were in favor (5:0).
Raymond and Brenda Tibbits provided the Board with a surveyed plan from 1999 regarding proposing a new house on a lot without the required frontage. R.Tibbits asked the Board about a common driveway. N.Czech advised them to contact the Town Planner regarding dividing the lot.
Ingrid Thompson advised the Board that they should not be speaking to the public unless a public hearing has been scheduled. The Board discussed that in the future, a public hearing must be scheduled and a posting is needed in the Town Clerk’s office. Any future applicants can discuss with the Building Inspector or the Town Planner for any questions pertaining to zoning issues.
A motion was made by N.Czech to approve the meeting minutes from January 29, 2007. D.Fountain seconded. The vote passed (5:0)
The next Zoning Board of Appeals meeting is scheduled for April 24, 2007 at 7:00 PM.
Ingrid Thompson asked if approval is needed from the Board before a certificate of occupancy is issued for Crystal Lake. N.Czech advised he would check the final decision and advise the Board.
A motion was made by D.Fountain to adjourn the meeting at 7:55 PM. Seconded by N.Czech. The vote passed (5:0).
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