TOWN OF GORHAM
BOARD OF APPEALS
MINUTES
APRIL 18, 2002
The April 18, 2002 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, James Pellerin, Michael Webb, David McCullough, and Stephen Scontras. The Code Enforcement Officer, the Assistant Town Clerk, and the Town Attorney, Kenneth Cole. Absent: Peter Traill.
Moved, Seconded and VOTED to accept the minutes of the March 21, 2002 meeting. 6 Yeas.
Appeal # 02-06. A request for reconsideration for the appeal of David Cairns.
If a motion to reconsider is to be made it must be made by a member of the Board who voted on the prevailing side (Scontras, Gerry or David McCullough). If the motion is made and passes then the appeal decision will be reconsidered.
Helen Edmunds, Attorney for the applicant, appeared before the Board and presented a drawing and handed out packets to the Board members and the Town Attorney. She began by explaining that there was no new evidence, this is the same as the September appeal that was approved.
She stated that the applicant wants to raze the existing building and build a new wood frame structure that will be in the same footprint and still be considered expansion of a single story structure. She continued by stating that the applicant’s construction has been held up and could not begin with the 6 month period that the Ordinance requires. Reasons for the denial of the last meeting were not made clear and the Board denied a request for further explanations in the finding of facts.
Ms. Edmunds went on to explain the reasons for the reconsideration as they see it.
The structure is in the setback, and the special exception criteria have been met. She talked about traffic studies that were completed and that traffic would be low. Four changes were recommended for traffic flow and all were made by Mr. Cairns. There is a deeded easement between Lake Region Furniture and the property in question. Studies with trucks and boats/trailers showed no problems with the turning radius into the property. Ms. Edmunds explained that the other criteria have all been met and that there have been new plans given to the Code Enforcement Office for a new septic system.
In closing, she stated that this will not create problems with the neighbors and that this proposal is no different than the September meeting information.
Roderic Rovzar , Attorney for Lake Region Furniture spoke in opposition to the reconsideration. He stated that the applicant has allowed the variance to lapse and they had ample time to present evidence of criteria. He explained that the Planning Department wrote letters stating why site plan reviews were not complete by applicant. He also stated that there is new evidence being presented when there is not supposed to be and he feels the issue was already resolved.
Neil Weinstein, Attorney for David Cairns, spoke on behalf of the applicant stating that it is a non-conforming structure and not a variance, so it is legally incorrect. The applicant could not comply with the site plan review because of all the changes to be made, and 6 months is not enough time for construction.
Kenneth Cole, Attorney for the Town of Gorham, explained that the 6-month construction rule applies to non-conforming structures, not the 90 day filing for a variance, this is not a variance. At this point, Kenneth Cole briefed the Board on procedure for voting on reconsideration. He also explained that State Law states the time frame of the appeals and then it defaults to Robert’s Rule. Someone who voted on the prevailing side has to make a motion for reconsideration. Failure to make a motion for reconsideration means the request fails.
No motion for reconsideration was made and the request fails.
7:45 P.M., Attorney Cole left the meeting.
Appeal # 02-08. The appeal of Donald and Cynthia Roy requesting a 25-foot front setback variance for the construction of a 24-foot by 24-foot residential garage on property they own at 114 Plummer Road (Map 86, lot 12.001) which is in the Rural District.
Donald Roy spoke on his own behalf and explained that he would like the garage for his own vehicles, storage and use for a woodworking hobby. There is no room behind the house because the house is built almost into the steep hill behind it. This would be the only spot on the property that the garage could go without having to do any major excavating and cutting of many old trees.
In response to questions from the Board, he explained that the garage would be 25 feet from the right of way and it needs to be fifty feet.
Chairman McCullough explained the 20% criteria in the Ordinance and it would be easier to follow than the 25 feet. The applicant stated that it would make the driveway too steep and snow removal would be almost impossible, which is important because he maintains roads for the State in the winter and need to get out of the driveway.
There was no public comment and the hearing was closed. The Board discussed the 20% guideline and the criteria for setbacks.
Moved, Seconded and VOTED to grant the appeal within the 20% setback variance for a single-family dwelling. 5 Yeas, 1 Nay ( O. McCullough).
The Findings of Fact as read aloud by the Code Enforcement Officer were moved, Seconded and VOTED. 6 Yeas.
Appeal # 02-09. The appeal of Stephen W. Newcomb requesting a 12,589 square foot total area variance for the conversion of a single-family dwelling to a two-family dwelling that he owns at 772 Gray Road (Map 111, lot 23) which is in the Urban Residential /Manufactured Housing District.
Stephen Newcomb appeared on his own behalf and explained that this house has had a kitchen on the second floor for many years and has been used by a roommate. He stated that there are multi family houses across the street and that he has plenty of parking and has Town sewer. The house was equipped like this when he bought it. In response to questions from the Board Mr. Newcomb explained that there was someone already living upstairs when he bought the building.
The Code Enforcement Officer explained that his office had looked through all past tax cards and found no evidence of mention to a second unit in the building. A second unit was put without anyone knowing. The house was built in 1908.
There was no public comment and the hearing was closed.
The Board discussed under 40 % of required for 2 units, and that this is such a large variance.
The Board asked the Code Enforcement Officer if the kitchen pre-dates the ordinance, and he stated that the building file was sparse.
Chairman McCullough explained to the applicant the square footage for current ordinance and single-family dwellings, and the 4 criteria that needs to be met.
The Code Enforcement Officer stated that a written affidavit would be needed at least to show it was a grandfathered unit, because tax cards from assessors show no apartment information.
Moved, Seconded, and VOTED to deny the appeal for failure to meet criteria. 6 Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 6 Yeas.
Appeal # 02-10. The Appeal of Anne M. Dunbar requesting a permit to enlarge a non-conforming structure, namely to construct a 10 foot by 10 foot deck to be attached to the rear of an existing enclosed porch which would encroach no further into any required setback than that which exists on property she owns at 148 Narragansett Street (Map 107, Lot 22) which is in the Urban Residential District.
Anne Dunbar appeared on her own behalf and explained that the deck will be behind the sun porch in a corner and that a 3-foot variance is needed.
There was no public comment and the Public Hearing was closed.
Moved, Seconded and VOTED to grant the appeal, as it will not encroach any further. 6Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 6 Yeas.
Appeal # 02-11. The appeal of John and Jen Wolstenhulme requesting a permit to enlarge a non-conforming structure, namely to construct an 8 foot by 16 foot mudroom and breezeway that would be connected to the existing single-family dwelling owned by them at 12 Gambo Road (Map 72, Lot 13) which is in the Rural District and which would encroach no further into any setback than the existing building.
John Wolstenhulme appeared on his own behalf and explained that the mudroom would not be any closer to the road.
There was no public comment and the Hearing was closed.
Moved, Seconded and VOTED to grant the appeal as it will not encroach any further. 6 Yeas.
Moved, Seconded and VOTED to adjourn. 6 Yeas. Time of adjournment 8:47 P.M.
A TRUE RECORD OF MEETING
Assistant Town Clerk
Jennifer Jordan
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