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Minutes of 01/12/2006

January 12th, 2006

Carroll Board of Adjustment
Meeting Minutes
January 12, 2006



Board members present: Paul Bussiere, Nancy Mitiguy, Ed Martin, Jim Early

Members of the public present: Jay Ouellette, John Burt, William Wright

Meeting called at 7:05 PM

Chairman Bussiere called for a correction to the minutes of the 11/10/2005 minutes. The drafted minutes stated that the public hearing for the Jay Ouellette/John Burt application be continued for one month. In actuality, by the October hearing they had completed the process of getting input from any member of the public that the board felt had standing. What remained to be done at the next public meeting was the deliberation session and vote on the application. No more testimony would be taken from the public. Chairman Bussiere moved the minutes be approved as corrected. Ms. Mitiguy seconded the motion. With the exception of Mr. Early, who abstained, the board voted to accept the motion.

It should be noted that as Mr. Early was not present for testimony regarding the Ouellette/Burt application, he abstained from voting on any motions that applied to this application during this meeting.

Phil Estes appeared before the board with a question about an undersized lot. Chairman Bussiere stated that they could take it as a general question, give guidance, but could only give a non-binding answer. Mr. Estes’ son is possibly interested in buying a lot on Little River Road, Map 417, Lot 83. The for sale sign states that the lot is 1 acre in size, but the tax map indicates that its size computes to be only .92 acres, and he wanted to know if his son could build on the property if he buys it. Chairman Bussiere stated that it appears that Section 307.a of the zoning ordinance would apply to this lot …amp;quot; that he could build as long as the use conforms to front, side and rear yard setbacks. It would become a non-conforming lot subject to special exception. Ms. Mitiguy suggested he get a copy of the deed to verify the lot size, perhaps it really is an acre, and there would be no problem building on it. Mr. Martin suggested that if the current owner has contiguous lots, perhaps Mr. Estes could ask him for a boundary line adjustment, adding a piece of an adjacent lot so Lot 83 would be a conforming lot. Chairman Bussiere also explained the process of applying for a special exception for a non-conforming lot.

Chairman Bussiere opened the deliberation on the Ouellette/Burt application to use Mr. Burt’s property to put up to 50 cars in the parking area next to the motel. This would be a viewing area of used cars for sale.

Ms. Mitiguy and Mr. Martin commented that Mr. Ouellette had wanted the vote put before a full board of five, and now there would be only a 3 person vote, with all three votes necessary to approve. A 2 to 1 vote would not pass. Mr. Ouellette understood this.
Chairman Bussiere made a motion to deliberate on the application and vote. Ms. Mitiguy seconded the motion, and it was passed by all three members voting.

Chairman Bussiere stated that three questions must be answered to decide whether or not a special exception can legally granted:

Is the use one that is ordinarily prohibited in the district?
Is the use specifically allowed as a special exception under the terms of the ordinance?
Are the conditions specified in the ordinance for granting the exception met in the particular case?

Mr. Martin cited Section 305.2 of the ordinance and felt the board should set standards to protect the character of the area affected. He referenced the October 11 letter from Stan Borkowski, the Building Inspector and Code Enforcement Officer, stating concerns about the condition of the deteriorating outbuilding, and incomplete repair work on the main building.

Ms. Mitiguy raised the question of proper maintenance of the buildings and whether they meet the Property Maintenance Standards set in Section 407.5 of the ordinance. Under Section 305.1-c, no permit shall be issued for a Special Exception for a property where there is an existing violation of the ordinance unless the granting of Special Exception will correct the violation. Mr. Martin said he personally thinks the building does not meet the standards. Both felt there is a violation of the ordinance. Chairman asked if Mr. Burt has been notified of a violation, or if Mr. Borkowski says there is a violation. The board does not want to grant approval and then have someone appeal the decision because there was an existing violation.

Ms. Mitiguy made a motion to delay a vote until Mr. Borkowski revisits the property and gives the board a written statement as to whether there is an existing violation under Section 407.5 of the Zoning Ordinance. Mr. Martin seconded the motion, and it was passed by all three members voting. The decision was tabled until the next meeting on January 26, 2006 at 7 PM.

Discussion continued on concerns about the property’s condition, the possibility of the collapse or burning of the outbuilding, and safety of the main building if a room is used in bad weather. The board could stipulate that no interior space be used.

Chairman Bussiere directed that a notice be put in the papers about the deliberative meeting being held on January 26.

Mr. Martin asked if the property is sold, do whatever conditions that are placed on an approved special exception stay with the property? And how are the conditions enforced? Chairman Bussiere said they do stay with the property for that use, and the zoning board cannot enforce them. Mr. Wright said one would go to the selectmen, and they would refer the matter to the Code Enforcement Officer. If the request is ignored by the selectmen, someone could come before the Zoning Board to appeal.

Mr. Ouellette asked a hypothetical question. If Mr. Borkowski were to find a violation on a property, could the board issue approval of a special exception pending the correction of the violation? He was told Section 305.1-c of the ordinance does not allow that.

At 8:06 PM, Ms. Mitiguy made a motion to adjourn.
Mr. Early seconded the motion.
All were in favor.
The meeting was adjourned.

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