Present: Steven Rose, Chair; Sibel Asantugrul, Robert Hankey, William Nicholson, Trevor Pontbriand, David Rowell, Jeffrey Stewart, Peter Watts,
Charles Amsler, Christine Bates, Clerk
Meeting called to order at 7:30 pm by chair, Steve Rose
7:30 #03-52, Todd Lebart and Hugh Dunbar, 1125 Cahoon Hollow Road, Map 17,
Lot 8: Application for a Special Permit WZBL Ss.22.214.171.124(b) & 8.4.2: Replace two cottages.
The Board for this hearing consisted of Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts, and Bill Nicholson. The Board stated the two cottages at present are non-conforming. The owners want to demolish and replace with two new cottages. The original cottages were built in the mid-40's, each with 645 square feet. The proposed cottages will consist of 672 square feet each. There will be an increase in the use of the property from 5.5 per cent to 7.1 per cent. There is 18,028 square footage on the lot. Mr. Rose read a letter from the National Seashore dated 12/17/03. Mr. Rowell questioned if the National Seashore could appeal if we issued the permit. There was discussion about if the dwellings would be year round. The owner stated one could be utilized
year round and the other seasonal.
The Board wanted more discussion to take place. There was concern if this is further expansion into the setbacks as well as volume increase. There is a Title 5 Septic system in place. The Seashore acknowledges the number of bedrooms and the new plans will reduce the number. With the planned new construction, the buildings will be in the set back. It was verified that this is listed as a cottage colony. It needs to be noted that the plans are for two identical buildings (plans show one building). There is concern about the decks (they are not included in the square footage of the proposed buildings). Mr. Rose asked Mr. Lay to provide more detailed plans, showing elevations. An issue about installing heat was raised. The owner stated he was planning on putting in
heat. Mr. Asmann stated the agent for the Board of Health approved the floor plans 12/17. Further discussion took place regarding the heating issue, the location, the status of being a cottage colony. The Petitioner requested a continuation to talk with National Seashore about condemnation and possibly smaller buildings to conform with Seashore regulations.
Mr. Rowell MOVED "that the Board of Appeals continue the hearing on 1/22/04". SECONDED by Trevor Pontbriand and CARRIED 5-0.
7:55 - # 03-53, Donna Cansdale, 20 Village Lane, Map 47, Lot 1: Request Special Permit WZBL Ss. 6.1.1 & 5.3.2: Permission to use an existing small building for retail sales. The Board for this hearing consisted of Steve Rose, Chair, Peter Watts, Robert Hankey, William Nicholson, and David Rowell. Ms. Cansdale explained that the out building has been utilized as a storage building for the past several years. There are people who are interested in renting the building for retail sales. This is a 10' x 20' square foot space building being used for storage at the present time. There are currently no floor plans. There was a question if this is for a new entity. Mr. Asmann noted the original permit stated this was non-conforming, and less intrusive. It appears the space is under utilization. There was a question regarding another party utilizing the place. It was determined they are not utilizing the space as determined in the original permit. The board requested direction
from Mr. Asmann regarding the usage of the space outside. It was stated that if there is no signage or complaints about the property, there is no problem with the display of products. There was discussion about the history of the property being zoned commercial and residential. The board has requested Ms. Cansdale to supply a plot plan.
Peter Watts MOTIONED for a continuance to 1/22/04. SECONDED by Robert Hankey. CARRIED 5-0.
8:10 - #03-54, Gary Davies, 20 Pilgrim Spring Road, Map 29, Lot 138: Request for Special Permit WZBL Ss.6.21 & 8.4.2: Permission to build a detached garage with living space, utilize residence as affordable accessory dwelling unit. The Board for this hearing consisted of Steve Rose, Chair, William Nicholson, Peter Watts, David Rowell and Robert Hankey. Charles Amsler left the table. Mr. Rose read a letter from Carolyn Thomas, an abutter who objected to the case. The board determined that the facts stated in the letter were not correct. Plans for the new building were handed out by Mr. Davies. It was explained that Mr. Davies is before the board to determine the use of the property as an affordable accessory dwelling unit.
The Board made the following findings of fact:
Use of the permit in application fits the criteria under affordable housing section 6.21.3 (a) - units may be located within or attached to a principal dwelling, principal structure, a garage or constructed as a detached unit.
The unit is no larger than one thousand two hundred square feet as defined in 6.21.3 (b).
This is a pre-existing non-conforming building as defined in 6.21.3(c) and will not be changed in size. The impact to the lot is no greater.
Septic systems are met with current title 5 standards as defined in 6.21.3 (f)
Section 6.21, 6.21.4, 6.21.5, 6.21.6 (a - e) were read and the owner stated he had a copy of said documents.
David Rowell MOVED "that the Board of Appeals adopt the finding of fact." SECONDED by Peter Watts and CARRIED 5-0. David Rowell MOVED "that the Board of Appeals grant the Special Permit, based on the findings of fact made by the Board." SECONDED by Robert Hankey and CARRIED 5-0.
8:28. #03-40, Betty Allison and Arthur K. Stedman, Map 21, Lot 72, 14 Railroad Avenue: Special Permit Application continued from 11/20/03. The Board for this hearing consisted of Steve Rose, Chair, David Rowell, Peter Watts, William Nicholson, and Jeffrey Stewart. Trevor Pontbriand left the table. The meeting minutes of l1/20/03 were read regarding the request. Steve Rose stated no letter was sent to the Board of Health. Chet Lay was requested to respond to the Board's requests from the 11/20/03 meeting. He reviewed the previous permits granted on this property. The 8/18/80 permit was to move the shed and add a full dormer. There was no sketch provided with the permit. On 4/19/84, a permit was granted to move the studio on the property, On 11/3/89, Joseph
Francis applied for a permit to build a deck, however, this work was never done. On 9/14/94, Mr. Francis applied for a permit to replace two windows, which was completed. There is no record of Special Permits on file. The oldest building permit is from 1980, however, there is no sketch.
Steve Rose questioned if the property is Noncompliant or Nonconforming, since no Special Permits had been granted. Rick Asmann stated he feels this is a legal issue and recommend the Board go to Town Council since the history of the property is nonconforming. David Rowell questioned if the shed to be moved is now a two story dwelling. The history of the property was brought up again, stating that the work done on the property took place well over seven (7) years ago. Peter Watts asked Mr. Stedman what the lawyer told him upon his purchase of the property. Mr. Stedman said "very little". Steve Rose noted that he was a realtor involved in the sale of the property to Mr. Stedman.
Mr. Lay stated he had supplied the Board with the necessary paperwork. Steve read a letter from Chief Hight stating the twelve feet of distance between building and fence will provide adequate access for department vehicles as long as it is kept clear of obstructions.
A letter was read by David Rowell from the Bradford Condominium Trust stating they had not been approached concerning the development. Mr. Rose read a letter of support from Richard and Mary Kaupin. Mr. Rose read a letter from Mr. Michael Taute as a letter of support. (letters from David and Paula Schnare and Emily Beebe of the Board of Health, were not read).
Mr. Lay asked to have a discussion on the merits of this project. Mr. Lay stated he went to the Board of Health and found resistance. Mr. Rose stated we need to be very articulate in our requests so complete information will be shared between the departments. Mr. Lay stated they are trying to make the setbacks more conforming. Currently there is only 5 feet.4 inches and plans call for 16 feet. The parking area will be self-contained.
David Rowell asked if they are going to close off property with fence from the Francis property - answer is yes. Rick Asmann stated neither he, as the Building Inspector, or the Board could change things to not make this be a two-family dwelling or two bedroom dwelling on the property because there is currently a Certificate of Occupancy.
There was further discussion regarding the status of this property. David Rowell states he is very concerned about the size of the proposed building (200 - 300 sq ft expansion).
Mr. Rowell has a concern about three floors. What will the cellar be used for. Mr. Asmann asked what the height of the ceiling is in the basement and was assured it is not tall enough to finish off, therefore it would not be considered a three-story building with the elevation as shown. Steve Rose asked the audience if they had any questions or comments.
One member of the audience stated she felt the proposed building was far too large for the area. Rick Asmann stated the proposed building will have much larger bedrooms, which could convert this into a four-person unit. David Rowell requested calculations for the volumetric increase, foot printing, lot coverage, and elevations and grade. Mr. Stedman was asked how the studio was being utilized by Peter Watts - the response was the basement was utilized as a woodworking shop, the first floor as a storage area, and the top floor utilized by his wife who uses it for a quilting room. There are no retail sales out of the building. David Rowell again concern about the size. The existing house is 12.6' by 26' - the proposed building will be tripling the space (including screened porch). Mr. Lay stated the property line by the Bradford Building is close to their steps, so there is no problem with the grade or driveway.
The board discussed their concerns (size, volume, upgrade from a studio to a three story building). Mr. Rose asked the Board if they defined the use of the other property, would that help the Board in their decision. Mr. Asmann again reiterated the nonconforming versus noncompliant issue of this property. If they improve upon house, we could approve. If this is a noncompliant structure, it would be up to the discretion of the Board. Mr. Asmann does not feel it is a nonconforming residential structure.
Peter Watts MOVED "that the Board of Appeals continue the hearing to January 22, 2004". SECONDED by William Nicholson and CARRIED 5 - 0.
Joy from Architect's Studio requested some of the Board's time regarding 57 Wigwam, the Long hearing. They want to add an additional 45 square feet to structure. She asked the Board if she needed to come back to the Board for what seems an insignificant increase. The Board agreed that she would have to make a formal request, based on previous hearings.
Rick Asmann came to the table regarding the Board preparing the Findings. He suggested a workshop for everyone to work on creating a generic list, but to be prepared to be very specific for each hearing. The Board will set up a meeting date.
The Minutes of the meeting of 11/20/03 and 12/4/03 were approved, as MOVED by Robert Hankey, SECONDED by William Nicholson and CARRIED 7-0.
The Board went into Executive Session at 9:50 pm.
Meeting adjourned at 10:05 pm.