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					                                                Westbrook Zoning Board Minutes
                                                                  July 2, 2008


                          City of Westbrook
                          ZONING BOARD OF APPEALS



________________________________________________________________ _____
2 York Street      Westbrook, Maine 04092    (207) 854-9105      Fax: (866) 559-0642



                                 CITY OF WESTBROOK
                              ZONING BOARD OF APPEALS
                              NOTICE OF PUBLIC HEARING
                            WESTBROOK HIGH SCHOOL, RM 114
                                  July 2, 2008, 7:00 P.M.
                                        MINUTES


Present: Philip Brown (Ward 5 - Chair), William Holmes (Ward 2), Aaron Burns (Alternate)

Absent: Joyce Hebert (Ward 1 – Vice Chair), Louann Groves (Ward 3), and Steven Morrow
(Ward 4)

Staff: Rick Gouzie

Philip Brown (Ward 5 - Chair) called the Westbrook Zoning Board meeting to order at 7:00 p.m. in Room 114
of the Westbrook High School. Chairman Brown explained the Board By-laws governing quorum votes that
require a unanimous vote.


Continuing Business

   1. Variance Request – Peter and Kristen Lemay, 174 Myrtle Street, requesting a 7’ foot
      left side variance for the construction of a two car garage. This variance was
      previously granted on November 6, 2004 but was not built. Tax Map 038, Lot 195,
      Zone, Residential Growth Area 1.

Peter Lemay, 174 Myrtle Street presented the request for a 7’ foot left side variance for the
construction of a two car garage. This variance was previously granted on November 6, 2004 but
was not built. Tax Map 038, Lot 195, Zone, Residential Growth Area 1.
        Mr. Lemay explained that the garage would increase the value of his property. This garage
would increase the resale value of his home. The garage will not only be esthetically pleasing it
would improve neighborhood, create additional storage space, create a working area and space for
a work bench. Most of the neighbors also have a garage, so my garage will fit well in the
neighborhood.
        The garage will protect our vehicles and will enable us to alleviate issues during the winter
parking ban, so we will not consistently be shifting vehicles around. I also have a teenager that will
potentially have a vehicle. The garage will allow parking for two of the vehicles with parking
allowed in the driveway for the remaining two vehicles.
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                                                 Westbrook Zoning Board Minutes
                                                                             July 2, 2008
         Our neighbors will also be pleased with upgrades. We are going major renovations to our
home and the garage would be the finishing touch. We would like to stay in the neighborhood and
with this garage the extra space will keep us there. Mrs. Aube (our direct abutter) has written a
letter, twice, giving consent for our variance request.
         The original plan in 2004 has a significant change to the plan we have submitted this year;
there will be no living space upstairs of the garage. It is more economical to build the garage only
with no extra costs of heating and pluming, so we chose to renovate the basement instead, so now
we have no storage.
         This is the best option for the location of the garage due to space issues. The garage will be
3’ feet from Mrs. Aube’s fence along the whole length of the property line.
         The garage will not affect the natural environment and is not in a Resource Protected or
Shoreland Zone.
         The overhangs have been taken into consideration. The pitch of the roof will go towards
the street. The stairs to go into the house will be inside the garage.

Philip Brown asked the depth dimension of the structure is 24’ feet as well.

Peter Lemay yes

Philip Brown asked the applicant for any additional comments.

No comments

Philip Brown asked of any Public comments in favor or opposed.

No Comments

Public Hearing closed

William Holmes asked for clarification about the measurements. The garage is labeled as 24’ x
24’ and the driveway appears to be the same width but is measured as 27’ feet on the sketch, are
the measurements meant to be the same?

Peter Lemay I believe the 27’ feet is a reference from our property line to the side of our house. It
is not the measurement of the driveway.

William Holmes asked if Mrs. Aube, who provided the support letter, is located on the left side of
your property.

Peter Lemay said yes her property is on the left side of my property.

Aaron Burns moved to grant the 7’ foot variance with the following findings of facts:
The applicant has shown that strict application of the ordinance to the applicant and the
applicant’s property would cause a practical difficulty.

       a. The strict application of the ordinance to the property precludes the ability of the
       applicant to pursue a use permit in the zoning district in which the property is located:

       The applicants can not build a two car garage without a variance.
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                                              Westbrook Zoning Board Minutes
                                                                July 2, 2008

       b. The strict application of the ordinance to the property results in significant economic
       injury to the applicant:

       Applicants lack adequate storage space causing a significant economic injury.

       c. The need for a variance is due to the unique circumstances of the property and not to
       the general condition of the neighborhood:

       d. The granting of a variance will not produce an undesirable change in the character of
       the neighborhood and will not unreasonably detrimentally affect the use or market value
       of abutting properties:

       The abutting properties will be enhanced by the granting of the variance and the most
       affected abutter has consented.
       e. The practical difficulty is not the result of action taken by the petitioner or a prior
       owner:

       f. No other feasible alternative to a variance is available to the petitioner:

       g. The granting of a variance will not unreasonably adversely affect the natural
       environment:

       The property is/is not (circle one) located in whole or in part within shoreland areas as
       described in Title 38, § 435:

       2nd by William Holmes


C. Decision

    On the basis of the above Findings of Fact and Conclusions of Law, the Zoning Board of
    Appeals voted by vote of 3-1 to grant the application for variance, subject to the following
    Conditions of Approval.

D. Conditions of Approval

        1. This approval is dependent upon and limited to the proposals and plans contained in the
application, supporting documents submitted and testimony given by the applicant. Any variation
from the supporting documents is subject to review and approval by the Board prior to
implementation.

E. Recording of Variance

     As required by 30-A M.R.S.A. § 4353(5), the applicant must record a certificate of variance
in the Cumberland County Registry of Deeds within 90 days of this notice or else this variance
shall be void.

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                                              Westbrook Zoning Board Minutes
                                                                July 2, 2008
F.     Expiration of Approval

        Any right secured by this approval shall expire if the work or change involved has not begun
within one year of the date on which the appeal was granted, or if the work is not completed within
two years from date the appeal was granted, unless the Board has approved a phased completion
schedule that is incorporated into this decision.

G. Appeals

     Parties aggrieved by this decision may appeal it to Superior Court within 45 days from the
date of decision pursuant to 30-A M.R.S.A. §§ 2691 and 4353 and Rule 80B of the Maine Rules
of Civil Procedure.

      Date: 07-02-2008                 By: Philip Brown (Signature on File)
                                             Chair

New Business

     2. Variance Request – Westbrook Eagles, 89 Saco Street, is requesting the replacement
        on the face of a 4’ by 6’ sign. The current zoning only allows 1 square foot signs in a
        Residential Zone. Tax Map 031, Lot 031, Zone Residential growth Area 1.

Philip Brown explained to the Public that the applicant withdrew the variance request. The
Ordinance prohibits a variance for a sign.

     3. Variance Request – George E. Foley, 128 Brown Street, requesting a 3’ foot side yard
        variance for the second floor renovation, to create an in-law apartment. Tax Map 039,
        Lot 637, Zone, RGA1.

George E. Foley, 128 Brown Street, presented the request for a 3’ foot side yard variance for the
second floor renovation, with a shed dormer, to create an in-law apartment to allow additional floor
and wall space. Tax Map 039, Lot 637, Zone, RGA1.
        The existing property is a legal non conforming property due to the deficiencies for the side
set backs. The current Zoning Ordinance does not allow an increase of a nonconforming use for a
vertical enlargement, without a variance approval. We would like to construct a separate elder
apartment on the second floor of this building.
        This renovation will significantly enhance the owner’s property. The strict application of
the Ordinance will prevent him from moving forward with the proposed renovation and will
prevent the owners parents from occupying a second floor elder apartment.
        The need for the variance is due to the unique side set back, nonconformity. The proposed
addition does not increase the building foot print.
        The proposed shed dormer will fit in well with the surrounding homes in the neighborhood
and increase the value of the property.
        The most feasible way to expand the second floor without increasing the building footprint
is to expand a portion of the walls within the side set back area.
        The granting of the variance will not increase the building footprint and will not alter
existing drainage. The property is not located in Shore Land areas.

Philip Brown asked if George Foley is the owner of the property.
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                                             Westbrook Zoning Board Minutes
                                                               July 2, 2008

George E. Foley said no, Gary Foley is the owner.

Philip Brown asked if Gary proposes to occupy this with his in-law above
George E. Foley said no I am the in-law and I will be living there.

Philip Brown asked if the second floor renovation is on the left side of the building.

George E. Foley said yes on the left side.

Philip Brown asked when this project is completed will this categorize as a two family dwelling.

George E. Foley said yes.

Philip Brown this could be a separate apartment in the future.

George E. Foley said yes

Philip Brown anything else you want us to know?

George E. Foley said we have increased the value of the building with all the renovations done
so far and the in-law apartment will increase the value even more. The building was built in 1898
and was in bad shape, as far as I am concerned we have increased the value of the neighborhood
by doing all the renovations we have had on that property.

Philip Brown asked for the owner’s name that is to the left of 128 Brown Street and if he had
any objections to this addition.

George E. Foley said he was not sure of the owners name but we have talked to him and he likes
what has been done with the property so far and has no opposition to the variance. The owner
lives in town, not on the property.

Philip Brown asked for any comments

No Comments

Public Hearing closed

Philip Brown asked for board comments.

William Holmes said the application says a 2’ foot variance request; the notifications were for a
3’ foot variance request. What is the actual request?

Rick Gouzie said the request is 3’ feet the way it was noticed.

William Holmes said that Gary Foley is the owner does he approve? I do not see anything
signed by him.


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                                           Westbrook Zoning Board Minutes
                                                                     July 2, 2008
Philip Brown said the Gary Foley being the owner of record, you want to make sure he
approves.

William Holmes said yes

Philip Brown asked if Gary Foley is present.

Gary Foley said as the owner of 128 Brown Street I am in full support of this project.

Aaron Burns moved to grant the 3’ foot variance with the following findings of facts:

The applicant has shown that strict application of the ordinance to the applicant and the
applicant’s property would cause a practical difficulty.

       a. The strict application of the ordinance to the property precludes the ability of the
       applicant to pursue a use permit in the zoning district in which the property is located:

       2 unit apartment buildings are permitted uses in the RGA1 Zone.

       b. The strict application of the ordinance to the property results in significant economic
       injury to the applicant:

       The property would not be as valuable with out renovations and the owner’s parents
       would not be able to occupy the property without further renovations.

       c. The need for a variance is due to the unique circumstances of the property and not to
       the general condition of the neighborhood:

       Older building that requires renovation for the permitted use.

       d. The granting of a variance will not produce an undesirable change in the character of
       the neighborhood and will not unreasonably detrimentally affect the use or market value
       of abutting properties:

       e. The practical difficulty is not the result of action taken by the petitioner or a prior
       owner:
       Older building that was constructed prior to the current zoning regulations.

       f. No other feasible alternative to a variance is available to the petitioner:

       g. The granting of a variance will not unreasonably adversely affect the natural
       environment:

       h. The property is not located in whole or in part within shoreland areas as described in
       Title 38, § 435:

Aaron Burns asked the owner of the property to file the Variance at the registry.


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                                              Westbrook Zoning Board Minutes
                                                                July 2, 2008
2nd by William Holmes

C. Decision

    On the basis of the above Findings of Fact and Conclusions of Law, the Zoning Board of
    Appeals voted by vote of 3-0 to grant the application for variance, subject to the following
    Conditions of Approval.


D. Conditions of Approval

        1. This approval is dependent upon and limited to the proposals and plans contained in the
application, supporting documents submitted and testimony given by the applicant. Any variation
from the supporting documents is subject to review and approval by the Board prior to
implementation.

E. Recording of Variance

     As required by 30-A M.R.S.A. § 4353(5), the applicant must record a certificate of variance
in the Cumberland County Registry of Deeds within 90 days of this notice or else this variance
shall be void.

F. Expiration of Approval

        Any right secured by this approval shall expire if the work or change involved has not begun
within one year of the date on which the appeal was granted, or if the work is not completed within
two years from date the appeal was granted, unless the Board has approved a phased completion
schedule that is incorporated into this decision.

G. Appeals

     Parties aggrieved by this decision may appeal it to Superior Court within 45 days from the
date of decision pursuant to 30-A M.R.S.A. §§ 2691 and 4353 and Rule 80B of the Maine Rules
of Civil Procedure.

    Date: 07-02-2008                     By: Philip Brown (Signature on file)
                                              Chair

Philip Brown suggested that the Continuing Business – Discussion of By-Laws, be postponed
until we have a full Board in attendance.

Aaron Burns and William Holmes concurred.

Continuing Administrative Business

  4. Discussion of By-Laws

Item 4 Discussion of By-Laws postponed

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                                           Westbrook Zoning Board Minutes
                                                             July 2, 2008
Adjourn
Respectfully submitted by Linda Gain PECE Secretary
MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY. A COMPLETE RECORDING
MAY BE OBTAINED BY CONTACTING ENGINEERING, PLANNING AND CODE ENFORCEMENT at 207-854-9105 ext. 220 and
lgain@westbrook.me.us. THANK YOU




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