Town of Lisbon
Zoning Board of Adjustment Minutes
December 9, 2009
6:00 pm meeting opened.
Members present: Barry Lucas (BL), Jim Ingerson (JI), Scott Champagne (SC), Robert Clark (RC) absent
Administrative Assistant: Barbara Menchin
Public: Pamela Blake Lynch (For husband Eugene Lynch)
A motion was made by BL to accept the minutes of May 13, 2009 meeting, JI 2nd, so voted all.
PUBLIC HEARING:
BL called the meeting to order and stated the applicant, Mr. Eugene Lynch, was requesting a Special Exception under Article VI Section 6 to erect a fence more than eight feet tall at 90 Old County Road, Lisbon, Zoning District D, Map R49 – 010.
BL read into the minutes the only letter that was presented to the Board regarding the fence. The letter was from a neighbor who was in favor of the fence and stated that the fence would be an advantage to both properties for privacy as the abutting neighbor had placed the new house ridiculously close to the Lynch property. The letter further stated that he felt the fence was of no negative consequence and that if anything would benefit both parties with a hint of independence.
BL asked if the other members had visited the site. SC and RC had visited the site and also took pictures of the proposed area for the fence.
BL stated that the Board properly issued notices to the abutters by certified mail and was properly noticed in the newspaper and posted so the public could see.
BL requested Mrs. Lynch to explain why she wanted this fence. Mrs. Lynch stated her abutter has been very rude and is in the process of building a house which is, in her opinion, too close to her own house. She further stated that she has been looking at the neighbor’s mess for over two years and is tired of looking at it. She hoped that by building the fence it would afford her a little privacy. The fence posts are pressure treated and the fence itself will be hemlock. She further stated that she was told that she needed to allow the wood to season so she would not be painting the fence and said she would probably use stain to finish it off.
The fence will look pretty on both sides and it is being erected 3 to 4 foot from the property line so there would be easy access to the other side to do repairs and maintenance.
BL asked her how high she would like to go with the fence. She stated she originally thought that 10 foot would be high enough but asked if she could be approved for 14 feet just in case.
BL also asked her how long she expected to be building the fence. Mrs. Lynch stated she would have to stop erecting the fence until the ground thaws but hoped to get most of it done during 2010.
BL requested a discussion on each item of the elements of Regional Impact. He further asked if erecting this fence could be construed as having the potential for regional impact. On all counts, the Board stated they felt there was no potential for regional impact.
As there were no abutters, BL stated they were going into deliberation and asked for a motion on each of the elements for a Special Exception.
JI stated “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.01 that the specific site is an appropriate location for the use.” SC 2nd.
BL asked if there was any discussion.
SC stated he felt the site was appropriate.
JI stated he felt due to the proximity of the house being built next door and there being no privacy he felt the site was appropriate.
BL stated Mr. & Mrs. Lynch will be putting back the trees that the abutting neighbor cut.
BL asked if there were any other comments or questions on that motion. BL read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
SC stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.02 that: Property values in the district will not be reduced by the use.” JI 2nd.
SC stated he felt as if the fence would add to not reduce the value given the closeness of the new house and the fence would allow privacy for both and probably help to cut down noise.
JI stated the value couldn’t be reduced as the fence allows privacy.
BL stated he felt as if the fence would add due to privacy for both property owners.
BL asked if there were any other comments or questions on that motion. BL read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
SC stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.03 that: The use will not adversely affect the adjacent area and there are not reasonable objections by the owners of the abutting land.” JI 2nd.
SC asked the clerk if there were any phone calls with objections to the fence. BM stated no, that the abutter had called but didn’t seem to be overly worried about a fence on the property line. He further asked BM if the abutter did receive and sign a certified letter regarding the hearing. BM stated yes, she had received a certified letter.
JI stated that no one was at the hearing to object so he couldn’t see any effect on any adjacent area.
BL stated since there was no response from the abutters he didn’t feel as if any area would be adversely affected.
BL asked if there were any other comments or questions on that motion. BL read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
JI stated: Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.04 that no nuisance or unreasonable hazard will result.” SC 2nd.
BL stated he felt as if the fence would be erected far enough away from the road so that there would be no blind side for vehicles.
SC stated he didn’t see any blockage and no hazards.
JI said he visited the site and he couldn’t see that there would be any hazards.
BL asked if there were any other comments or questions on that motion. BL read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
SC said: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with Article 8.03.05 that adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use.” JI 2nd.
JI stated that he felt the location of the fence gave adequate room to maintain without entering the abutters land.
SC stated he would like to see a condition that the fence would not exceed 14 feet and that she had a time limit of 3 years from when the ground thaws in the spring.
BL asked if there were any other comments or questions on that motion. BL read the motion again and called for a vote. All voted aye, none opposed. Motion passed.
JI stated: “Mr. Chairman I move that the Lisbon Zoning Board find that in accordance with articles Article VI Section 6.06 that the application by Eugene Lynch for a Special Exception concerning erecting a fence located on Old County Road, Lot R49-010 meets all the criteria for Special Exception under the Lisbon Zoning Ordinance and is hereby granted a Special Exception by the Lisbon Zoning Board concerning such project.” SC 2nd.
BL stated “This is our final vote. We have already voted in the affirmative on everything else here this evening. Does anyone here have any further comments before this vote?”
As there were none, Without any further comment then EY read: “The application Eugene Lynch for a Special Exception concerning erecting a fence located on Old County Road, Lot R49-010 meets all the criteria for a Special Exception under the Lisbon Zoning Ordinance and is hereby granted a Special Exception by the Lisbon Zoning Board concerning such project.”
All in favor, none opposed. Motion passed.
BL stated “that concludes this hearing and our written decision will be issued in two weeks”.
BM to sign for BL.
One further comment was made by the Board regarding the Special Exception for Mark Champagne for soil removal of any type. STOP lost their appeal through Superior court and there had been no further appeals by STOP.
Motion to close…….by BL, JI 2nd all in favor to close the meeting, none opposed. BL stated meeting is closed at 6:45 pm.
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