Town of Lisbon
Zoning Board of Adjustment Minutes
June 9, 2010
6:00 pm meeting opened.
Members present: Barry Lucas (BL), Jim Ingerson (JI), Scott Champagne (SC), Bobbie Clark (BC), Mark Fahlbeck (MF)
Administrative Assistant: Barbara Menchin
Public: Montgomery Hammond
A motion was made by BL to accept the minutes of December 9, 2009 meeting, BC 2nd, so voted all.
Ms. Montgomery Hammond and her fiancé are planning on purchasing a house on Route 117 that has an existing basket making business and wanted to see if there would be any reason to come to the Board for a special exception to do a blacksmith shop as a home business on that property. She stated he is an artisan and there would be a minimal amount of traffic in or out of the driveway. There would be no horse traffic. She further stated they would be using the two-car garage and would be putting in a coal forge. Most of his tools are hand tools and he uses no chemicals. She also stated the forge would be similar to a wood stove; it only smokes when the fire is lit. Ms. Montgomery was told there would be no need for her to have a hearing for a special exception as stated under the town
ordinance, she is allowed to have a home business. She would, however, have to apply for a building permit and intent for the forge.
PUBLIC HEARING:
BL opened the hearing stating Mr. And Mrs. John Finn were applying for a special exception concerning Article V Section 5.07.6. He stated they request a special exception to put an additional living quarter on a single undivided lot on R04 – Lot 008 containing approximately 24.6 acres located at 380 Parker Hill Road.
Ms. Finn’s representative stated there is a two-year old barn on the property and they would like to make that into a caretaker’s house. They would charge a minimal amount for rent in exchange for someone to keep an eye on their residence as the Finn’s are only normally in their home through the winter months during ski season. The building has existing power and water. The future house is about 200 yards away from the main house.
BL stated he visited the site, BC, SC and JI were familiar with the property.
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.
BC 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.” JI 2nd.
BL asked if there was any discussion.
BC stated it is a new building with water and electricity already in and he would look at it as a renovation.
BL stated he viewed the property and a caretaker apartment is appropriate.
SC stated based on what he has heard the site would be appropriate.
JI stated he felt that what he has heard it is a good use for the property.
MF stated he thought it sounded appropriate.
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.
BC 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.” SC 2nd.
BL stated he felt the values would increase.
BC said that pretty much said it all.
All agreed.
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 8.03.03 that: The use will not adversely affect the adjacent area and there are not reasonable objections by the owners of the abutting land.” BC 2nd.
BC stated there were no abutter objections, in fact, the Board never heard from any of them other than contacting BM with questions. He further stated it wouldn’t affect anyone as far as noise or traffic.
SC stated there were no abutter objections.
JI stated there were no reasonable objections.
MF stated it sounded like a good thing to have someone there to maintain their property.
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 8.03.04 that no nuisance or unreasonable hazard will result.” BC 2nd.
BC stated he felt it would be good to have a caretaker up there and would protect the property from nuisances and hazards such as young people partying on the property.
BL stated he felt it would be good to protect the property.
SC stated there is no nuisance by doing this.
JI stated he thought it was a good idea as there would be someone there to protect the property.
MK stated he agreed.
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.
BC 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.
BC stated he would like to have conditions placed if the special exception is approved.
BL stated he felt as if 8.03.05 was no different than the other criteria as long as the requirements are met.
MF stated that it is to be used as a caretaker home and if they decide later they want to change the use into a vacation rental property, they would need to go through the process with another hearing.
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.
BC 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 said, “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?”
The Board discussed conditions to be placed on the Special Exception.
Without any further comment BL read: “The application for Mr. And Mrs. John Finn for a special exception concerning Article V Section 5.07.6 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 with the following conditions:
1. Mr. & Mrs. Finn must follow all state and local rules and regulations.
2. If there is a change in use, they must apply to the Zoning Board for another special exception.
3. They must file for a building permit and receive an occupancy permit.
4. The Zoning Board would like the water tested to the “caretaker’s” residence to make sure the water is adequate prior to occupancy.
5. There must be adequate septic.
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.
Motion to close…….by BL, BC 2nd all in favor to close the meeting, none opposed. BL stated meeting is closed at 7:25 pm.
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