TOWN OF GORHAM
BOARD OF APPEALS
MINUTES
JUNE 14, 2001
The June 14, 2001 regular meeting of the Gorham Board of Appeals was held in the auditorium at the Gorham High School.
Roll Call: Present: Chairman Owens McCullough; Board members Audrey Gerry, Peter Traill, Michael Webb, David McCullough (NOTE: Mr. McCullough was absent at roll call but arrived before the discussion on Appeal #01-26) and Stephen Scontras; the Town Clerk, and the Code Enforcement
Officer
Absent: James Pellerin
Moved, seconded and VOTED to approve the Minutes of the June 14, 2001 meeting as printed and distributed. 5 yeas.
Appeal #01-26 - The appeal of Cressey A. and Kristin N. Mollison requesting a 4 foot sideline variance for a single-family dwelling with attached garage that is currently under construction on property they own at 46 Caitlin Drive (Map 20, lot 1.004) which is in the Suburban Residential District.
Cressey Mollison appeared on behalf of this appeal. He explained that the back corner of the garage infringes on the setback by 4 feet. He set the corner markers for the house but the foundation crew made an error and it was not detected until a Class D survey was done. The funds for the house have been frozen by the Bank until the appeal is granted.
There was no public comment and the public hearing closed. In response to questions from Board members Mr. Mollison stated that he is the general contractor for the house, he set the markers for the house and the abutting land has a 50 foot tree buffer which cannot be cut.
Moved, seconded and VOTED to approve a four (4) foot sideline variance for a single-family dwelling with attached garage. 6 yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 6 yeas.
Appeal #01-27 - The appeal of Paul and Ruth Johnston requesting an 11 foot front yard setback variance for construction of a 28 foot by 34 foot residential garage on property they own at 61 Wescott Road (Map 87, lot 7) which is in the Suburban Residential/Manufactured Housing District.
Paul and Ruth Johnston appeared on behalf of this appeal. The explained the appeal stating that because of a leach field, a hill of granite and a swamp area it was impossible to place the garage anywhere else.
There was no public comment and the public hearing closed. In response to questions from Board members Mr. Johnston stated that they could move the garage one foot closer to the house in order to meet the 20% criteria.
Moved, seconded and VOTED to grant a ten (10) foot front yard setback variance for construction of a 28 foot by 34 foot garage. 6 yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 6 yeas.
Appeal #01-28 - The administrative appeal of Michael Riley and Steven Riley requesting that the Board reverse the decision of the Code Enforcement Officer whereby he denied retail sales, the sale of antiques as a home occupation, from the property owned by Steven Riley located at 231 Gray Road (Map 48, lot 19.009) which is in the Suburban Residential District.
Michael Riley appeared on behalf of this appeal stating that he was handicapped in an accident in 1988 and does antiques restoration since that time to support himself. he deals mostly with dealers or collectors and has operated out of the Gray Road address during that time. He did open a store in Little Falls for a short while but because of his health has now moved back to his home. He only does this once in a while when his heath allows it. In response to questions from Board members he stated that he will put a flag out only when he wants to work; that there are several other businesses in the area; that he has a permit for a home occupation; that he mostly sells wholesale, not retail and the bulk of his business is dealers who do not have to pay sales tax.
There was no public comment and the public hearing closed. During deliberations the Board members agreed that this is basically a service business with a very small percentage retail and that it did fit the criteria for a home occupation.
Moved, seconded and VOTED that the decision of the Code Enforcement Officer is incorrect and such action is reversed based on the finding that this is a home occupation and will not result in more than ancillary retail trade in stock. 5 yeas. 1 nay (Scontras)
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by Mr. Traill. 6 yeas.
Appeal #01-29 – The appeal of Adam and Patricia Austin requesting a permit to replace a non-conforming structure, namely to replace a 16 foot by 6 ¼ foot deck on the front of the home which they have an option to purchase, owned by Loma Bell, at 390 Ossipee Trail (Map 77, lot 10) which is in the Rural District.
Patricia Austin appeared on behalf of this appeal. She explained what they wished to do and presented pictures of the present deck. She also stated that they are in the process of purchasing this home and that the porch is in such bad condition that it is unsafe. They just wish to rebuild it.
There was no public comment and the public hearing closed.
Moved, seconded and VOTED to approve this appeal to replace a 16 foot by 6 ¼ foot deck on the front of the home. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Code Enforcement Officer. 6 yeas.
Appeal #01-30 - The appeal of Jay Pennell and Anita Wilkinson requesting a permit to replace a non-conforming structure, namely to replace steps into the non-conforming house with a 5 foot by 7 foot 6 inch deck, a 4 foot by 9 foot ramp and steps that will not encroach any further into the sideline setback on property owned by Anita Wilkinson at 55 Newell Street (Map 111, lot 4) which is in the Urban Residential District.
Jan Pennell appeared on behalf of this appeal. He explained what he wished to do and stated that he would not be moving any further into the setback than what is there presently.
There was no public comment and the public hearing closed.
Moved, seconded and VOTED to approve this replacement of a non-conforming use. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Code Enforcement Officer. 6 yeas.
Moved, seconded and VOTED to adjourn. 6 yeas. Time of adjournment – 8:10.
D. Brenda Caldwell
Town Clerk of Gorham
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