Appeal #02-06
David Cairns presented this appeal stating that this was his second appeal to enlarge a non-conforming structure and adding a second floor.
Neil Weinstein, Attorney representing Mr. Cairns, stated that the original appeal was granted but that he felt the Town had used the wrong form, a variance form requiring filing, rather than a non-conforming use form.
In response to questions from Board members Mr. Cairns and Mr. Weinstein stated that the design is slightly different for this appeal, that it is a better design and that the expansion is actually better than the original in their opinion; that they have not changed the intended use but have scaled it back somewhat to accommodate the neighbors; that there would be office space, an area for canvas sewing and seaming, as well as a sales area; that they are close to the end of the site plan review; that they are undergoing a minor site plan review; that they would not be on a public sewer but on a leach field which is on the abutting property and that they do have a plan for a replacement septic system. Mr. Cairns presented a copy of a letter from William Bray in response to questions on vehicular or
customer traffic. He also explained that the leach field for the property is on Lake Region property but that he has an easement on the property for the leach field.
Paul Driscoll, Attorney representing Lake Region Furniture, stated that his client had significant concerns about this appeal. He stated that this plan has not been approved by the municipal level and that the Town Attorney has not approved of it. He also stated that his client believes that the project will intrude more into the existing setback than the present building. He presented a copy of the plan submitted to the minor site review committee and stated that the upper floor on the plan protrudes more into the setback than the present building. This requires a variance and the variance was not filed as per State law.
Les Berry, Engineer representing Lake Region Furniture also spoke in opposition to this appeal, as did Steve Crockett of Lake Region Furniture.
Pete Sawyer who is responsible for the plan submitted by Mr. Cairns spoke in favor of this appeal.
There was no other public comment and the hearing closed.
The Code Enforcement Officer, in response to a question from a Board member, explained his method of measuring for a setback. The Board went over the special exception standards and there was some concern expressed by some Board members regarding No.1 and No. 4 of the criteria.
Moved, seconded and VOTED to approve the appeal. MOTION FAILED. 3 yeas. 3 nays (Scontras, McCullough, Gerry).
Prior to the above vote a motion to deny the appeal FAILED OF PASSAGE. 3 yeas. 3 nays (Traill, Webb and Pellerin). This motion was voted then voted as an affirmative motion as a motion to deny does not grant the appeal.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Code Enforcement Officer. 6 yeas.
Mr. Weisman asked the Board for explanation and an oral vote on each item of concern. This request was denied by the Chairman.
Moved, seconded and VOTED to adjourn. 6 yeas. Time of adjournment
D. Brenda Caldwell
Town Clerk of Gorham