TOWN OF GORHAM
BOARD OF APPEALS MINUTES
OCTOBER 11, 2001
The October 11, 2001 regular meeting of the 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, Mike Webb, Stephen Scontras. The Code Enforcement Officer and the Assistant Town Clerk.
Absent: James Pellerin and David McCullough.
Moved, Seconded and VOTED to accept the amended minutes of the September 13, 2001 regular meeting as printed and distributed. 5 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. NOTE: This appeal was originally on the August agenda. It was tabled at that meeting to the to the September meeting and was again tabled at that meeting to this meeting.
No one was present to represent this appeal. The Board discussed their objections to tabling this appeal and to making a decision without representation of the applicant.
Moved, Seconded and VOTED to take no action on this appeal. 5 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 by 10 foot and a 6 ½ foot by 50 foot deck to the front of their hone 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. This appeal was tabled from the September meeting.
Charles Sturdee spoke on behalf of this appeal. He explained that the porch would help keep water from getting into the 160-year-old stone basement.
There was no public comment and the public hearing was closed.
Moved, Seconded and VOTED to approve a request to construct a 10 foot by 10 foot and a 6 ½ foot by 50 foot deck to the front of the home. 5 Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 5 Yeas.
Appeal#01-48 The appeal of Kerry Richardson requesting two sideline setback variances of 8 feet each as there is only 24 feet dividing two principle structures where 40 feet is required on property owned by him at 354 Mosher Road (Map 31, lot 11) which is in the Rural District.
Attorney John Bannon spoke on behalf of this appeal and explained that the workshop was converted into a dwelling to settle a housing problem due to a divorce. Mr. Bannon presented the Board with a memorandum and 2 enlarged maps of the property. He explained that this variance was all that was left to be in compliance with the code, and that there was 24 feet between each building, so he was asking for 12 feet setback for each building. He also stated that the applicant lives on Social Security and could not afford to have the structure moved. In response from questions of the Board, Mr. Bannon stated that the workshop was converted to a dwelling in 1999.
The Code Enforcement Officer stated that the Assessing Department alerted him to the dwelling and at that time was found to have several violations, namely no foundation under the dwelling, life safety issues such as electrical and heating and the electrical issues were turned over to the State Electrical Inspector.
Mr. Richardson spoke on his own behalf and explained that he did not realize that he had needed permits. In response to questions from the Board, he stated he had trouble paying for the improvements and that his son lives in the duplex.
There was no public comment and the hearing was closed.
Moved, seconded and VOTED to approve the two sideline setback variances of 8 feet each, with the CONDITIONS that; The appeal will expire with the death of the applicant or sale of the property with an appropriate instrument of recording in the Registry of Deeds suitable to the Town. 4 Yeas. 1 Nay (Scontras)
The Findings of Facts as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 4 Yeas 1 Nay (Scontras).
Appeal#01-49 The appeal of Jay S. Scholl requesting a 4 foot side yard variance, a 91 foot frontage variance and a 115 foot frontage variance to split an existing lot on which there are two single-family dwellings into two lots each containing a single-family dwelling on property which he owns at 9 Standish Neck Road (Map 97, lot 19) which is in the Suburban Residential District.
Jay Scholl spoke on behalf of this appeal. He explained that he wishes to buy this property from his deceased father’s Estate, and that the estate require that the property be split. Presently he lives in one home and his daughter lives in the other. He stated that the property would be surveyed before the first of the year, to confirm measurements.
The public hearing was opened and Douglas Boyce, a neighbor of the applicant voiced his support of the appeal. Being no further comments, public hearing was closed.
During deliberations the Board inquired of the applicant if he had brought up the option of a private way, and he stated that he had not discussed that with the Code Enforcement Officer.
Moved, seconded and VOTED to grant the request for a 4-foot side yard variance, a 91 foot frontage variance and a 115 foot frontage variance to split an existing lot.
Moved, seconded and VOTED 4 Yeas 1 Nay (Traill)
The Findings of Facts as read aloud by the Code Enforcement Officer were moved, seconded and VOTED. 5 Yeas.
Moved, seconded and VOTED to adjourn. Time of adjournment 9:00 pm.
A TRUE RECORD OF MEETING Attest:
Assistant Town Clerk
| 
