MARSHFIELD DEVELOPMENT REVIEW BOARD MINUTES

Approved Minutes of June 15, 2006

Board Members present: Paul Brierre, Tom Daley, and Martin Johnson. Also attending: Zoning Administrator Bob Light, Earle Rogers, Donna Dailey, Rod Dimick, Faeterri Silver, and Gordon Currier.

At 7:15 pm the Board opened public hearing on the Appeal and Variance Request of Earle Rogers. Earle had received a Zoning Permit to build a garage on his home lot on the Groton Forest Road. It was his intention to use the building for a home occupation repairing cars. However, he discovered after beginning construction that one of his property lines was not where he represented it as being on his application. On May 10, 2006, Zoning Administrator Bob Light wrote Earle a letter informing him that his new construction does not meet the setback requirements of Marshfield’s Zoning Regulations, and giving him until June 15, 2006 to remove any portions of the structure that lie within 40 feet of the property line. Earle has appealed this action, and requests a Variance from the Zoning Regulations to allow the structure to remain where it is.

            Earle and adjoining landowner Rod Dimick testified that they had surveyor Richard Bell come to the site and confirm the location of the property line between their respective lots. According to their testimony, the line shot by Richard comes within 24 feet, 10 inches of the new construction at one point. Earle stressed that it would be an economic hardship to have to move the construction now, because he has already poured a concrete slab and framed the walls. He also feels that the place he has sited the garage is the most desirable spot on his lot for this purpose, as it is well separated from neighboring residences.

            The Board asked several questions regarding what documentary evidence exists to establish the location of the property lines. They also consulted an existing plan drawing for Earle’s septic system, noting that the construction in question seems to encroach on the area designated as a replacement area for septic disposal.

            Following questioning from the Board and from the neighbors in attendance, Tom moved to continue the hearing until Thursday, July 20, 2006 at 7:00 pm. The Board will deliberate on the matter in the meantime. If, following deliberation, they conclude that they don’t need any additional information to reach a Decision, the Board will notify Earle that they are closing the matter without reopening the hearing, and will issue a written Decision. The hearing was adjourned for the evening at 7:45 pm.

The Board then went into closed session to deliberate on the matter. At 8:45, after returning to the record, Martin moved to approve the minutes of June 1, 2006 as drafted; seconded by Paul — all in favor. Martin then moved to adjourn the DRB meeting. Seconded by Paul, all in favor.

                                                                                                Respectfully submitted,

                                                                                                Tom Daley