Town of Gorham
Board of Appeals Minutes
July 18, 2002
The July 18, 2002 regular meeting of the Board of Appeals was held at the Gorham High School Auditorium.
Roll call; Present: Chairman Owens McCullough, Board members: Audrey Gerry, James Pellerin, Peter Traill, Stephen Scontras & David McCullough (Mr. McCullough arrived after roll call at 7:05, during discussion of the minutes.) The Code Enforcement Officer, the Assistant Town Clerk and the Town Attorney, Bill Dale.
Absent; Mike Webb.
Moved, Seconded and VOTED to accept the amended minutes of June 27th meeting. 5 Yeas.
Appeal # 02-19. The administrative appeal of Darren Elder requesting the Board reverse the decision of the Code Enforcement Officer whereby he ruled that a permit would not be permitted to construct a single family home within the buffer zones of a working gravel pit before the pit is closed out and has been fully reclaimed on property Mr. Elder owns on Route 114 (Map 66, lot 7) which is in the Rural District without Planning Board approval of an amendment and a new agreement with the North Street Cemetery Association. NOTE: This appeal was granted with 3 conditions at the June meeting of the Board. The Town Attorney has ruled that the Board of Appeals lacks authority to act to amend conditions of approval imposed by the Planning Board.
Town Attorney Bill Dale spoke about the July 3, 2002 letter and that only the Planning Board could amend this. Mr. Elder would have to go before the Planning Board for this issue. He explained that for tonight, it could be reconsidered, and then tabled or withdrawn by the applicant so the applicant could go before the Planning Board. The options are to either vote to reconsider and table or deny without prejudice.
The Code Enforcement Officer explained the applicant spoke to the Panning Department and is on the agenda for a meeting, also that an Engineer had determined that the reclamation has not been complete.
Moved, Seconded and VOTED to reconsider the appeal. 6 Yeas.
No one appeared to speak for this appeal.
Moved, Seconded and VOTED to deny the appeal without prejudice, and re-adopt the written motion from last months appeal. 6 Yeas.
Appeal# 02-17. The appeal of Richard D. Pierce requesting a permit to convert a non-conforming use to another non-conforming use, namely to operate Northern Lift, LLC which distributes auto lift mechanisms to auto repair and other businesses on property formerly occupied by Dixon Bros. Oil Co. located at 230 Main Street (Map 100, lot 39) which is in the Urban Residential District. NOTE this appeal was acted on at the June meeting of the Board but the final decision of the Board is unclear, as it appears that the Board may have granted several non-conforming use permissions.
Bill Dale spoke about zoning and that it allows for lateral moves. One non-conforming use to a better non-conforming use. If the old uses have stopped for a year or more than those uses can be ignored, the year time frame would be from when the business shut down until when Mr. Pierce comes in with an application.
Mr. Pierce spoke and explained that he is not ready to proceed and that he needs time to find legal council and get more information together.
The Code Enforcement Officer explained that if the appeal were approved, he would still need Planning Board Approval.
A motion to reconsider and table the appeal to the September meeting failed of passage due to the lack of affirmative votes. 3 Yeas, 3 Nays. (Gerry, Pellerin, D. McCullough)
Town Attorney Bill Dale left the meeting at 7:45 pm
Appeal# 02-20 The appeal of Bonnie & Jeff Hawkes requesting a 16 foot front setback variance for an existing single family dwelling on property they own at 310 Ossipee Trail (Map 57, lot 15) which is in the Suburban Residential District.
Bonnie and Jeff Hawkes appeared and explained that in 1979 her ex-husband had a foundation put in and capped over and they were to live in it until the house was completed. They did not know that the setback was not proper and it had been missed by the Town for all these years. They had the home on the market, but the buyer backed out when they found out about the setback issue. The house is under contract again and the sale awaits the Board of Appeals decision.
The Code Enforcement Officer added that it was all in good faith, the Town had never picked up on the setback issue.
There was no public comment and the Hearing was closed.
The board discussed hardship and the reasonable return of the property.
Moved, Seconded and VOTED to grant the appeal. 6 Yeas.
The Findings of Fact as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 6 Yeas.
Appeal# 02-21 The appeal of Sharon McAvoy requesting a permit to replace a non-conforming structure, namely the removal and replacement of all existing components except for the roof of a 9 foot by 20 foot porch on the home owned by Ethel A. Robillard at 15 Union Street (Map 110, lot 41) which is in the Urban Residential-Manufactured Housing District.
Sharon McAvoy spoke on behalf of the appeal and explained that her motherThere was no public comment and the Hearing was closed.
The Board discussed replacing a non-conforming structure with no further encroachment.
Moved, Seconded and VOTED to grant the appeal. 6 Yeas.
The findings of facts as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 6 Yeas.
Appeal# 02-22 The Appeal of Joan Eric Anderson requesting a permit to replace and enlarge a non-conforming structure, namely to replace an existing non-conforming 4 foot by 7 foot porch with a new porch which would be 7 foot by 24 foot on property owned by them at 179 Sebago Lake Road (Map 72, lot 22) which is in the Rural District. The existing porch is 43 feet from Sebago Lake Road, the new porch would not encroach any further into the required setbacks.
Board member Scontras said for the record that he knows the applicant.
Eric Anderson appeared on his own behalf and explained that his house was built in 1940 and it needs to be updated. The update on the porch would be longer parallel to the road but would not encroach into any setbacks.
There were no public comments and the Hearing was closed.
Moved, Seconded and VOTED to grant the appeal. 6 Yeas.
The findings of facts as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED 6 Yeas.
Appeal# 02-23 The appeal of RobertJeremie Montgomery spoke on behalf of this appeal. He explained that there had been 4 different break-ins on the property and a live in person would help to protect the property. He stated they had video from when the area was occupied with furniture because someone had lived in the space.
The Code Enforcement Officer read notes of a meeting held with the applicant in July of 2001 and stated that the lot was not sufficient for a dwelling unit and the Town does not show any records of an apartment on that property. This would be a 3rd use of the building and sprinklers would have to be installed. There would also be needed a variance from the space standards.
The Board discussed the time frame of the appeal and is it a reconsideration or new appeal.
Moved, Seconded and VOTED to rehear the appeal. 4 Yeas 2 Nays (Scontras, Traill)
The applicant stated that he had police records to show break ins, the apartment would be for personal use because he is a student at USM and that he feels the lot next to the shop, which they own, would give enough room for a variance.
The Board discussed with the applicant the need for the 4 criteria to be met, and explained the 4 criteria.
There were no public comments and the Hearing was closed
Moved, Seconded and VOTED to grant the appeal. 2 Yeas. 4 Nays (Pellerin, O.McCullough, Scontras & Traill)
Motion failed due to lack of votes.
The findings of fact as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 6 Yeas.
Moved, Seconded and VOTED to adjourn. 6 Yeas.
Time of adjournment 8:35pm.
A TRUE RECORD OF MEETING
ATTEST: _______________________________
Jennifer Jordan, Assistant Town Clerk
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