Minutes of the Zoning Board of Adjustment Hearing
August 31, 2005
Re:Bradley Montague variance request
Members Present:Albion Lyons, Francis Sytek, and Shannon Dagesse.
Others Present:Heidi Lawton, John Cowan, Ronald Crawford, Perley Davis, and Roy Meehan.
Albion Lyons brought the meeting to order at 6:00pm.
Mr. Cowan explained that Bradley Montague bought this land from Roland Dupont. He explained why Mr. Montague was denied by the Planning Board. Mr. Montague only has 52.4-foot frontage and the Zoning Ordinance states that you need 150ft frontage on a public street or private road. Mr. Cowan explained that Mr. Montague does not have an existing Right-Of-Way right now but that he drew one on the plan to show everybody where it would be. Mr. Montague does not intend to put a Right-Of-Way on the backside of the property toward Scenic View Drive.
Roy asked Mr. Cowan several questions about the property.
Albion asked Mr. Cowan when the hospital was built.
Mr. Cowan said in 1967.
Roy then asked if Mr. Montague could use the other road on the other side of the property leading out to Scenic View Drive.
Mr. Cowan said that road was too steep to use. Mr. Cowan said that there is a pond on Lot 2 and that is too steep to build on.
Albion asked about where the ditch goes for the hospital.
Mr. Cowan explained that the ditch goes on Mr. Montague’s land and then across Bolton’s lot a little bit. Shannon asked when was this parcel of land subdivided originally, in 1967 or 1969. Mr. Cowan said there was a strip subdivided by Corliss in 1969 and that there are covenants on all the lots that he did not know about until the Planning Board meeting recently. He also explained that lots were not deeded out as they are now back then. Mr. Cowan showed the board a plan of the hospital land and the Corliss subdivision.
Roy asked if the plan pre-dates the 150 ft road frontage rule.
Mr. Cowan explained that this is a local zoning ordinance accepted by the town.
Shannon said that she understands things better now; she thought the Right-of-Way already existed.
Mr. Cowan said that Mr. Montague already knows that he cannot use the Right-of-Way for future development. He cannot sell a lot up the hill and use the same Right-of-Way for that parcel.
Ronald asked if he did sell the upper lot, could they come down that way or not.
Mr. Cowan said that they could, but he would need an approved road and exit. The town would not approve the road. One house lot out of the whole thing could be developed. Anyone buying in the future would have to come up Scenic View Drive.
Albion asked who did the surveying on the previous projects.
Mr. Cowan said Elwood Haynes, Bill Stone, Robert Shaw, and Don Dyer.
Mr. Cowan said the lot is 442 feet wide and does not have buildable space; it would not be contrary to the spirit of the ordinance if anything got built.
Mr. Crawford had no problem with the Right-Of-Way or what Mr. Montague is doing. He just does not want any commercial use up there.
Mr. Cowan and Mr. Crawford then left the meeting and the board discussed the case.
The board felt that Mr. Montague knew when he bought the property that he would need a variance. He bought land knowing that there was not an access; there was no Right-of-Way to it. The board felt that passing this variance would open a can of worms, because it goes against the ordinance already existing.
Frances made a motion to deny the variance, Shannon seconded it, Albion agreed, motion denied.
Frances made a motion to adjourn the meeting, Shannon seconded it, motion passed meeting adjourned.
Albion adjourned the meeting at 7:30pm.
Respectfully submitted,
Heidi Lawton
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