EDGECOMB BOARD OF APPEALS

MINUTES, AUGUST 11, 2010

Present: Bobbie Carleton, Eleanor Eide, Priscilla Hansen, and Joane Tait

Absent: Edward Kitfield and Alternate Stephen Burt

1. Call to Order

The meeting was called to order by the secretary at 7:05 p.m.

2. Election of Chairman

Priscilla Hansen nominated Bobbie Carleton as chairman. Vote: 3-0-1.

3. Approval of Minutes of July 29, 2010

Joane Tait moved to accept the minutes. Vote 3-0-1.

4. Barry Hathorne - Appeal of Building Permit granted on Rioux Potting Shed

A. Determine if complete: The application was reviewed. Eleanor Eide moved to find the application complete. Vote 4-0-0.

B. Set date for hearing: The board scheduled the hearing on September 8 at 6 p.m. The newspaper will be notified and copies of the notice will be posted at the post office and town hall and sent to abutters, applicants, planning board and select board. Jack French clarified that the hearing is not a “public hearing” per se, it is a hearing, open to the public at which the appellant and the appellee are heard as well as interested parties. At the hearing, each side will present its case, de novo, and the board will decide the matter. [Note: The appeal was subsequently withdrawn and the hearing was cancelled.]

Karl Olson asked what the outcome of a decision would be inasmuch as the subdivision has been approved, the building has been built and the plans recorded. Jack French said that if the appeal is upheld, enforcement is up to the selectmen.

5. Review of Appeals Board time limits

The lack of a time limit in the Board of Appeals Ordinance and the Land Use Ordinance for the Appeals Board to act following receipt of an appeal was discussed. There was a consensus that the response be made in a reasonable time.

6. Other Business

William Witzell of Shore Road plans to build a garage attached to his house to provide easier access to the house for his wife who is disabled. The present garage next to the road will be removed. Because construction of the garage would be prohibited in Shoreland, he inquired into the possibility of the Board of Appeals granting a variance under Article VI, Section 3d. that gives the Board the ability to grant a variance in order to make a residential dwelling accessible to a person with a disability. He was advised that in order to complete the application, he would need to provide a deed, list of abutters with addresses, engineering plans, calculation of square footage, a letter from his wife’s physician, and a check for $100. The board will send the application to the DEP as required by the ordinance.

The board will meet on August 25 to review procedures.

7. Adjourn

Eleanor Eide moved to adjourn at 8:23 p.m. Vote 4-0-0.