TOWN OF GORHAM
BOARD OF APPEALS MINUTES
JANUARY 17, 2002
The January 17, 2002 regular meeting of the Board of Appeals was held in the auditorium at the Gorham High School.
Roll Call: Present: Acting Chairman Peter Traill, Board members Audrey Gerry, Michael Webb, David McCullough, and Stephen Scontras. The Code Enforcement Officer and the Assistant Town Clerk.
Absent: Owens McCullough and James Pellerin
Moved, Seconded and VOTED to accept the minutes of the December 26, 2001 meeting as printed and distributed. 5Yeas.
Appeal# 01-56. The administrative appeal of Lynn McGinnis and Lanny Keogh requesting that the Board reverse the decision of the Code Enforcement Officer whereby he ruled that the selling of seasonal plants at property which they have contracted to purchase from Allison C. Morrill at 45 State Street (Map 102, Lot 23) and which is in the Urban Residential District is not a permitted use in the Urban Residential District, nor does it meet the requirement criteria of a home occupation.
Lynn McGinnis and Lanny Keogh appeared on their behalf. Lynn McGinnis stated that they wanted to store equipment in the barn on the property and sell seasonal plants on a part-time basis. She explained this would not be a greenhouse, but a draw for the landscaping business.
The Code Enforcement Officer explained that the selling of plants would be a stock in trade and that is not permitted use in this district. He discussed the issues of trailers and other vehicles pertaining to this business.
There was no public comment and the hearing was closed.
The Board discussed stock in trade and traffic issues within the area of this business.
Moved, Seconded and VOTED to overturn the decision of the Code Enforcement Officer with the condition that there be no sale of plants and that equipment and materials be stored inside the barn. 5Yeas.
The Finding of Fact as read aloud by Peter Traill were Moved, Seconded and VOTED. 5 Yeas.
Appeal# 01-57. The Administrative appeal of Port Resources, Inc. requesting that the Board reverse the decision of the Code Enforcement Officer whereby he determined that a permit should not be issued to the applicant who wants to purchase a single family dwelling now owned by Paul Boivin and create a second dwelling unit in the basement on the property located at 53 Longfellow Road (Map 10. lot 10.002) which is in the Rural/Manufactured Housing District. The applicant believes that proposal qualifies as an accessory apartment but the Code Enforcement Officer has determined that the lot is not of sufficient size for a two-family residence as 120,000 square feet is needed for a two-family dwelling and this lot contains 60,000 square feet and that the accessory apartment criteria has not been met.
Greg Cunningham, Attorney for Port Resources Inc. spoke on behalf of this appeal and explained that State Statute 30-A M.R.S.A. 4357-A defines community-housing arrangements and that it pre-empts the local zoning. He explained that Port Resources is a non-profit organization that helps integrate disabled people into the community by helping them live independently in the homes. The homes would be staffed on a rotating basis. Work would be done on this home’ porch and interior walls and doors to ADA standards. No more than 4 people would be living at this dwelling.
Karen McDonald of Port Resources Inc. explained that 2 units were needed to provide independence for different levels of disabilities.
In response to questions from the Board Mr. Cunningham explained that State statute would override the local ordinance and that the purchase of this home would take it off the tax roll.
Natalie Burns, Town Attorney spoke on behalf of the Code Enforcement Officer and explained that the Town zoning is more liberal than the State. She spoke about the issue of the owner living on the property and the staff would not qualify as residents of the Town. Other criteria such as septic and parking requirements were not met; she suggested that Port Resources Inc. could try for a zoning variance.
In response from questions of the Board Ms. Burns spoke of concern about granting exceptions to this new ordinance because of tough restrictions.
There was no Public Comment and the hearing was closed.
The Board discussed the criteria and issue of owners residing in principle structure or accessory unit, community living arrangement and variances as well.
Ms. Burns read the criteria of new accessory apartment ordinance. At this time the Board members did not have a copy of the new ordinance in any packets or the code.
Moved, Seconded and VOTED to overturn the decision of the Code Enforcement Officer with the conditions that there be a limit of 4 Residents, this only applies to Port Resources Inc. and recognizes this is community living arrangement, an accessory apartment has not been created. 5 Yeas.
The Finding of Fact as read aloud by Peter Traill was Moved, Seconded and VOTED. 5 Yeas.
Motion to adjourn. Moved, Seconded and VOTED. 5 Yeas.
Time of adjournment 8:45 PM.
A TRUE RECORD OF MEETING
Assistant Town Clerk
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