TOWN OF GORHAM
BOARD OF APPEALS MINUTES
SEPTEMBER 13, 2001
The September 13, 2001 regular meeting of the Gorham Board of Appeals was held in the auditorium at the Gorham High School.
Roll Call: Chairman Mr. Owens McCullough, Board Members, Ms. Audrey Gerry, Mr. Peter Trail, Mr. Michael Webb, Mr.James Pellerin, Mr.David McCullough, Mr.Stephen Scontras; Assistant Town Clerk, and Code Enforcement Officer.
Moved, Seconded and VOTED to approve the Amended Minutes of the August 16, 2001 meeting as printed and distributed. 7yeas.
Appeal# 01-31- Possible reconsideration of Appeal #01-31, the appeal of Allen and Gloria Bradeen whereby they failed to receive an affirmative vote on their appeal requesting a 25 foot setback variance for the encroachment on a proposed private way they will be constructing to access a proposed single-family dwelling for themselves. The proposed private way would be only 25 feet from the existing two-family dwelling on property they own at 160-A Dingly Springs Road (Map 77, lot 22) which is in the Suburban Residential/Manufactured Housing District. The vote to approve the appeal was 2 yeas. 3 nays (Gerry, Owens McCullough and Traill). If the appeal is to be reconsidered, reconsideration must be moved by one of those who voted
in the negative.
Walter Stinson spoke on behalf of the Bradeen’s. He presented a map of the property and explained that the lot predates the land use codes and that this was his only option for placement of a private way.
Moved by Audrey Gerry, Seconded and VOTED to reconsider. 4 yeas. 3 nays (Traill, Scontras, Pellerin)
Chairman Owens McCullough disclosed to the Board that he works with the firm in this appeal. Peter Traill took the gavel for this appeal. The Board voted to excuse Owens McCullough from discussion and voting this appeal due to a conflict of interest.
Walter Stinson explained that the lot is non-conforming and would become no less non-conforming. In response to questions from the Board, Mr. Stinson explained that it would be too expensive to move the house on the lot.
There was no public comment and the public hearing was closed. During deliberations the Board discussed non-conforming lots.
Moved, seconded and VOTED to approve a 25-foot setback varience for the encroachment on a proposed private way. 4 yeas. 2 nays (Scontras, Pellerin)
The findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED, 6 yeas.
Appeal #01-37 The Appeal of Linda LaVoie and Jason Foster requesting a 6 foot rear setback variance for an existing deck on property owned by Linda LaVoie and under contract to Jason Foster at 43 Johnson Road (map 100, lot 35) which is in the Urban Residential District.
Linda LaVoie appeared on her own behalf and explained that when she bought the house she was unaware of a problem with a variance. After the house was inspected she found out there was a variance issues. She presented letters from her neighbors in support of her deck. The Code Enforcement Officer explained that the deck was built between 1977-1992 without a permit.
There was no public comment and the hearing was closed. During deliberations the board discussed that it was not be fault of the owner being the deck had been there some time.
Moved, seconded and VOTED to grant a 6-foot setback variance for an existing deck. 7 yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED, 7 yeas.
Appeal #01-38 The appeal of Robert’s Welding requesting a 16,440 square foot area variance to convert a second story storage area above a machine/welding shop to a dwelling unit on property owned by them at 14 County Road (Map 6, lot 6) which is in the Suburban Residential District.
No persons appeared to represent this appeal.
Moved, seconded and VOTED to table this appeal to the end of the meeting. 7 yeas.
Appeal#01-39. The Administrative appeal of David Arthur Fogg requesting that the Board reverse the ruling of the Code Enforcement Officer whereby he determined that the antique business which Mr. Fogg wishes to establish in a single-family dwelling owned by him at 208 Main Street (Map 100, lot 32) which is in the Office/Residential District is not a permitted use nor does it qualify for a home occupation as “Stock in Trade” is involved.
David Fogg spoke on his own behalf and explained that due to health problems this would allow him to have an at home business. This business would be located in his basement and hours would be seasonal and by appointment. He addressed parking issues and stated that he had a doublewide driveway with two entrances/exits. He expected most of his clientele would be antique dealers and established clientele.
Public Hearing opened. The Board asked the Code enforcement Officer about stock in trade vs. retail sales, and home occupation vs. retail sales.
In response to questions of the Board, Mr. Fogg explained that he would be using under 900 square feet.
Hearing no further public comment, the public hearing was closed.
During deliberations, the Board discussed stock in trade and retail sales. Mr. Fogg explained that he would be incorporating a service component to his business.
Moved, seconded and VOTED to approve appeal 01-39 and to reverse the decision of the Code Enforcement Officer due to the findings of the Board that the antique business does qualify for a home occupation. 4 yeas. 3 nays (Traill, Webb, David McCullough)
The findings of Fact as read aloud by Owens McCullough were moved, seconded and VOTED. 6 yeas. 1 nay (David McCullough)
Appeal # 01-41 The appeal of Alan Curtis requesting a permit to enlarge a non-conforming structure, namely the construction of a 17 foot by 8 foot addition to be used as a library on property he owns at 46 State Street (Map 102, Lot 32) which is in the Urban Residential District and which will encroach no further into any required setback than that which now exists.
Alan Curtis and Ken Curtis appeared on behalf of this appeal. Alan Curtis explained the home was built in 1850 and he would like to use footprint of the home to make the enclosed room. Ken Curtis displayed a map of proposed addition and letters from his neighbors showing their support. In response from questions of the Board Alan Curtis explained it would not go into any setbacks.
There was no public comment and the public hearing was closed.
Moved, seconded and VOTED to grant the appeal requesting a permit to enlarge a non-conforming structure, a 17 foot by 8 foot addition to be used as a library. 7 yeas.
The Finding of Facts as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 7 yeas.
Appeal# 01-42. The appeal of Hannaford Bros. Co. requesting that variances previously granted by the Board for a 10% reduction in the required open space and a 3 foot setback variance on property they own at 99 Main Street (Map 102, lots 149, 150, 151, 152, 152.1, 154, 155, 157, 160) which is in the Urban Commercial District be reinstated.
James Canon spoke on behalf of this appeal and explained that they had all the permits in place that were needed.
There was no public comment and the public hearing was closed.
Moved, seconded and VOTED to grant the request for 10% reduction in the required open space and a 3-foot setback variance. 7 yeas.
Appeal# 01-43. The appeal of Patricia Hammond requesting a 2.5 foot road frontage variance to divide the 5.68 acre lot that has 397.5 feet of road frontage into two lots, one with the existing single-family dwelling and one she will convey to her son on property she owns a 8 Plowman Road (Map 4, lot 1.006) which is in the Rural District.
Patricia Hammond spoke on behalf of this appeal and explained that she would like to give this property to her son in the future, but she needs 2 ½ feet to meet the requirements, on the land she has owned for 9 years.
There was no public comment and the Public Hearing was closed.
During deliberations, the Board discussed with the Code Enforcement Officer, intention to subdivide and the shape of the lot.
Moved, Seconded and VOTED to deny the appeal for failure to meet criteria. 5 yeas. 2 nays (Traill, D. McCullough).
The Findings of Fact as read aloud by the Code Enforcement Officer, were moved, seconded and VOTED. 7 yeas.
Appeal # 01-44. The appeal of Glenn and Dori Libby requesting a permit to enlarge a non-conforming structure, namely the construction of a 16 foot by 48 foot addition to their dwelling on property they own at 138 Sebago Lake Road (Map 69, lot 38) which is in the Rural District and which is 58 feet from Sebago Lake Road. The addition will encroach no further into the required setback than that which now exists.
Glenn Libby spoke on behalf of this appeal and explained that he wants an l-shaped addition, that would be built toward the rear of the lot not towards the road.
There was no public comment and the public hearing was closed.
Moved, seconded and VOTED to Grant request for a permit to enlarge a non-conforming structure, the construction of a 16 foot by 48 foot addition to their dwelling. 7 Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 7 Yeas.
Appeal # 01-46. The appeal of David Cairns/Portland CoverLLC requesting a permit to enlarge a non-conforming structure by raising the ceiling of the first floor by 2 ½ feet and adding an entire second floor to a structure on property he owns at 669 Main Street (Map 12, lot 28) which is in the Roadside Commercial District and which is 21 feet from two property lines.
Davis Cairns, owner of Portland LLC spoke on behalf of this appeal. He explained that the property in question is under contract. The roof that is in place now is not in good shape, also there would be no further encroachment and the face of the building will not move closer to the road.
During public comment, Mr. Bernard Rines spoke in opposition to this appeal. He spoke on the history of the building, and the past problems with the building.
He stated that the building should be removed and the road and corner improved.
Steven Crocker spoke in opposition to this appeal. He voiced his concerns for the safety issues.
David Cairns explained he would like to use property for office and storage space, with no high traffic.
No further public comments and the public hearing was closed.
During deliberations, the Board discussed minor site plan review and made note of potential traffic hazards.
Moved, seconded and VOTED to grant appeal requesting a permit to enlarge a non-conforming structure by raising the ceiling of the first floor by 2 ½ feet and adding an entire second floor to the structure. 7 Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 7 Yeas.
Appeal # 01-47 The appeal of Kristen Watson and Charles Sturdee requesting a permit to expand a non-conforming structure, namely to construct a 10 foot and a 6 ½ foot by 50 foot deck to the front of their home on property owned by them at 4 Rust Road (Map 113, lot 4) which is in the Rural District and which will encroach no further into the setback than the existing house.
No one appeared on behalf of this appeal.
Moved, seconded and VOTED to postpone action of appeals # 01-38, 01-47 to the next meeting in October. 7 Yeas.
Chairman McCullough made reference to the letter he wrote to the Gorham Town Council, that at the time of this meeting, no response has been made from the Council.
Moved, seconded and VOTED to adjourn. 7 yeas. Time of adjournment 9:30pm.
A TRUE RECORD OF MEETING Attest:
Assistant Town Clerk
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