Town of Lisbon
Zoning Board of Adjustment Minutes
May 13, 2009
6:00 pm meeting opened.
Members present: Barry Lucas (BL), Jim Ingerson (JI), Robert Clark (BC)
Administrative Assistant: Barbara Menchin
Public: Robert S. Moore (Applicant), William S. Wetherbee (abutter to Mr. Moore), Francis Augustus (Applicant), Gina Augustus (Applicant), Attorney Francis X. Quinn (Attorney for Mr. & Mrs. Augustus), Pam Blake, Eugene Lynch, James McGovern, Jean McGovern, Alex Albanese (Abutters to Mr. & Mrs. Augustus)
A motion was made by BC to accept the minutes of April 29, 2009 meeting, JI 2nd, so voted all.
PUBLIC HEARING:
BL called the meeting to order and stated there would be two hearings on the agenda and that the Board would start with Mr. Robert S. Moore’s Application for a Special Exception concerning Article V, Section 5.02.2 of the Lisbon Zoning Ordinance. He further stated that the applicant requests a Special Exception for adding an additional residential building on his property located at Map R07 – Lot 071 located on Plains Road and of which contains approximately 114.86 acres. The Board members each stated that had been out to visit the property.
Mr. Moore described what his plans were regarding building a garage next to his guest house which is located at the front of his property as his guest house has no garage at present. Within the garage, Mr. Moore plans to put a two-bedroom apartment for a caretaker.
BL asked what the distance would be between the house and the proposed garage. Mr. Moore stated it would be about 20 feet.
BC asked if he had plans of subdividing the property. Mr. Moore replied he had no plans on subdividing his property. His plans are to keep the property in tact and upon his demise, it would be up to his children to do what they want to do.
BC asked if this would be strictly a caretaker’s apartment and he wasn’t planning on renting it out. Mr. Moore replied he had no intention of renting it and it would only be for his caretaker.
BL asked if there were any questions or concerns from the abutters. Mr. Wetherbee asked if there would be adequate septic system for the additional residence. Mr. Moore replied that he is in process of designing a new system for the buildings.
BL went through the list of five criteria.
The specific site is an appropriate location for the use? BC stated he didn’t have a problem with it. JI stated he had no problem with it and BL stated he thought it was fine.
Property values in the district will not be reduced by the use. BC stated he didn’t think it would do a thing to the values. JI stated the same and BL stated he felt the same.
The use will not adversely affect the adjacent area and there are no reasonable objections by the owners of the abutting land. BC said “no”, JI said “no” and BL said “no”.
No nuisance or unreasonable hazard will result. BC stated that since it will be a caretaker’s apartment, he will be the one who will make sure there are no hazards. JI said he agreed and BL said he didn’t have a problem with this either.
Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. BC stated he felt that Mr. Moore had everything pretty well taken care of. JI agreed, BL said he felt the same and asked for a motion to approve the Special Exception.
BL made a motion to approve the Special Exception, JI 2nd, all voted in favor. Motion passed.
BL stated the second hearing for the evening was concerning a request by Mr. & Mrs. Francis Augusts for a Special Exception concerning Article V, Section 5.03.3 of the Lisbon Zoning Board. The applicant proposes the use of the property for a tourist home, housekeeping cottage facility located on Old County Road known as Tax Map R49 - Lot 009 containing approximately 3.16 acres.
Attorney Frank Quinn gave a brief description of Mr. & Mrs. Augustus’s house which is approximately 1600 square feet, has 3 bedrooms and 2 baths situated on about 3.16 acres. He further stated it is set back off Old County Road. The Augustus’s intention is to use the house as a single-family house. They have no plans on providing meals or using it as a bed and breakfast. Their plans are to occasionally rent out the house to friends and family. When the town was first made aware of their intentions, the town strongly recommended they seek a Special Exception for this purpose. Attorney Quinn stated he felt the site was appropriate, it would not devalue any property as it is a well-maintained single family home and that Mr. & Mrs. Augustus reached out to the abutters to
notify them of what their plans would be. He further stated that this is not a commercial venture and that there would be someone to manage the property. The property management people would maintain the property ad adequately. Attorney Quinn finalized by requesting the Board to allow the Augustus’s to continue this single family use and asked if there were any questions.
BL stated he thought the reason for the need for this Special Exception was “crap”. He felt it was only because of the Rooms and Meals tax.
After the room regained their composure, BL asked if the Board had any questions. All Board members stated they had viewed the property. As there were no questions, BL went through the list of five criteria.
The specific site is an appropriate location for the use? All three Board members agreed that the site was appropriate.
Property values in the district will not be reduced by the use. All three Board members stated they didn’t feel as if that was a problem.
The use will not adversely affect the adjacent area and there are no reasonable objections by the owners of the abutting land. The Board all agreed there were no reasonable objections.
No nuisance or unreasonable hazard will result. The three Board members stated there were none.
Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. BC stated since Presby was plowing and Jim was sanding, the Augustus’s appeared to have this covered also. JI agreed as well as BL.
BC made a motion to approve the Special Exception, JI 2nd and so voted all in favor. Motion passed.
BC made a motion to adjourn the meeting, JI 2nd, so voted all.
Meeting adjourned 7:15 pm.
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