MINUTES OF BOARD OF SELECTMEN APPEALS HEARING
TOWN OF FRYE ISLAND
October 30, 1998
The location of the meeting was the Frye Island Administration Office.
Conrad Theberge, Frye Island Town Clerk, called the meeting to order at 7:16 P. M.
Present: Selectmen: James Kuiken, Joseph Potts, and Oleg Svetlichny
Attendees: Steve Persson, Kathleen Potts, Donald Nolen, Edward Johnson, Paul Bourque, Ruth Bourque, Steve Comley, Richard Zamis, Susan Zamis, Mark Thomas, Gerald Daigle, and James OConnor
Chairman Joseph Potts opened the meeting by saying that this is a Board of Selectmen meeting that was specifically called to address the three zoning variances brought before the Town. This is being done since currently there is no Board of Appeals established in the Town.
Susan Zamis presented information to the Selectmen: Plot Plan was submitted on May 24 1998 to the CEO of the Town of Standish. The Town of Standish granted the building permit. Mr. Johnson complained about a shed that was to close to the line. The Zamiss moved the shed when they were notified of the encroachment. After being notified that Mr. Johnson was once again complaining that the addition was to close to the line, they measured and felt that the line was 15 feet 8 inches away from the addition. The addition is within the zoning regulations. If they have to have the lot surveyed it will cost them $2,500.00 for a class B Survey. They dont believe they are encroaching on the set back to Mr. Johnson's property.
Edward Johnson presented information to the Selectmen. First he pointed out that he has retained an Attorney Michael Hill and that this variance hearing is contrary to Maine State Law 30A Section 2691. The Selectmen cannot act as Board of Appeals.
Mr. Johnson pointed out to the contractor (Robert Fogg) that the sona tubes were to close to the line. Mr. Johnson also notified the Town Manager. Mr. Johnson is in agreement with the Code Enforcement Officer that the addition is 4 feet to close to his line. Mr. Johnson asked the CEO why didnt he ask for a copy of the plot plan according to the BOCA Code?
Gerald Daigle, Code Enforcement Officer for the Town of Frye Island, pointed out the Town of Standish issued the building permit. He did not have a copy of the plot plan, so. he couldnt determine the lot line as of July 23, 1998. August 6, 1998 the CEO and Town Manager went out to measure the distance from the addition to the lot line. The CEO believes that the addition is 11 feet away from the line, which means that the addition is off by 4 feet.
James Kuiken asked the CEO why didnt you RED TAG the property? The answer was he was unable to determine the lot line as of July 23, 1998.
Oleg Svetlichny asked Mr. Johnson if his property was devalued because of this and if so, how much? And the answer was yes to the devaluation but that he didnt know by how much.
Oleg Svetlichny asked both parties if they were satisfied where the pins are located? Both parties agreed to the location of the pins.
James Kuiken asked Mr. Johnson if there were any other lots in this area built within the setbacks? He answered that he didnt know.
Mark Thomas asked if we could swap a lot from the Corporation to Mr. Johnson? Joe Potts and Jim Kuiken pointed out to Mr. Thomas that you cannot use Corporation's property to settle a variance dispute.
The Chairman indicated that each of the three Selectmen had to give their reasons for rejection or acceptance to the request to grant a variance.
Joseph Potts stated that there is a 15-foot set back; no building hardship; the builder was notified of a possible problem with the location of the addition; there is a 4 foot encroachment. He votes to reject the variance.
Oleg SvetlichnyDue to the oblique location of the addition relative to the boundary line only one corner of the addition could be encroaching. But, neither party knows where the property lines really are and maybe there is no encroachment after all. Also, Mr. Johnson failed to convince him that Mr. Johnson has suffered any devaluation to his property. He votes to accept the variance.
James KuikenThe Town of Standish issued the permit and the location of the addition had been approved by the CEO for Standish when he issued the permit. He votes to accept the variance.
By a vote of 2 to 1, THE VARIANCE WAS GRANTED.
Lot 1621 is asking for a 20-foot variance. Currently the set back is 100 feet from the water and 50 feet from the road, which leaves about 20 feet to build.
No specific building location was shown on the plot plan Joseph Potts moved to table to next variance board meeting. James Kuiken second.
Lot #1872 building permit Standishno hardship. James Kuiken moved to table to next variance meeting and Oleg Svetlichny second.
Joseph Potts made a motion to adjourn and James Kuiken second. Motion Carried