TOWN OF GORHAM
BOARD OF APPEALS MINUTES
OCTOBER 17, 2002
The October 17, 2002 regular meeting of the Gorham Board of Appeals was held at the High School Auditorium. The Chairman called the meeting to order at 7:00 p.m.
Roll Call: Present; Chairman Owens McCullough, Board members; Audrey Gerry (NOTE: Ms. Gerry arrived at 8:00 p.m. near the close of discussion on appeal #02-128), James Pellerin, David McCullough, Peter Traill, and Stephen Scontras; the Deputy Code Enforcement Officer, the Town Attorney and the Town Clerk
Absent: Board member Michael Webb and the Code Enforcement Officer
Moved, seconded and VOTED to accept the Minutes of the September 12, 2002 as printed and distributed. 6 Yeas.
Prior to the start of the meeting it was decided that at 9:00 p.m. the Board would examine where they were on the agenda and make a decision about a 10:00 p.m. cutoff time.
Appeal #02-127 - The administrative appeal of Diana C. Libby requesting that the Board reverse the decision of the Code Enforcement Officer whereby he ruled that until the property line dispute is resolved, he will not make ODAT replace or repair an existing fence that Ms. Libby claims is on property owned by her at 59 Bartlett Road (Map 12, lot 12).
Chairman McCullough questioned if the Board should even be dealing with this appeal as the issue seems to be a property line dispute.
Bill Dale, the Town Attorney, explained that his law firm represents Ms. Libby's next door neighbor who is in dispute with Ms. Libby over a property line dispute and therefore he would have to defer on this appeal. He did recommend that the Board listen to Ms. Libby's comments and then decide if they should address the particular administrative appeal.
Diana Libby presented this appeal and answered questions from Board members. Ms. Libby stated that she did not believe it was the intention of the Planning Board to restrict the buffer Mr. Pratt was supposed to use and that she did not believe that the Planning Board knew the height of the fence that was written into the site plan. Board members questioned if this was an appeal from a decision of the Planning Board and Ms. Libby stated that it was not, the height of the fence was a decision of the site plan review committee. After a discussion between Board members and Ms. Libby regarding the jurisdiction of the Board of Appeals it was moved, seconded and VOTED that the Board would not act on this appeal as it is outside the purview of the Board and is related to
Planning Board issues and a civil dispute. 3 yeas. 2 nays (Owens and Traill).
Appeal #02-128 - The appeal of Carter's Auto Service, Inc. requesting a permit for a replacement and enlargement of a non-conforming use, namely to replace and enlarge a 75 foot by 33 foot garage with a new 40 foot by 120 foot commercial garage without further encroachment into the required setbacks on property they own at 2 Railroad Avenue (Map 102, lot 167) which is in the Urban Commercial District. The applicant received approval on March 21, 2002 to replace and enlarge a non-conforming structure with a new 30 foot by 135 foot commercial garage but has not yet commenced construction.
Doug Carter spoke on behalf of this appeal. He explained that his appeal of March 21, 2002 was approved but that he now needs approval for an additional 750 square feet as the new plan makes the building shorter and wider. In response to questions from Board members he responded that there are no other changes planned, that the Planning Board has approved the project based on the Appeal Board's approval and that he will not be handling any more traffic than before. There was no public comment and the hearing closed.
Moved, seconded and VOTED to approve the permit for replacement and enlargement of a non-conforming use, namely to replace and enlarge a 75 foot by 33 foot garage with a new 40 foot by 120 foot commercial garage. 5 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 5 yeas.
Appeal #02-129 - The administrative appeal of Design Dwellings, Inc./SoLD, Inc. requesting that the Board of Appeals reverse the action of the Code Enforcement Officer whereby he revoked a sign permit for Heartwood Subdivision because the sign is off-premise.
Susan Duchaine spoke on behalf of this appeal explaining that she had applied for two sign permits and that the permits were issued on August 9th. She met with the Public Works Director for assistance with locating the signs. As the signs were in the process of being installed the Code Enforcement Officer revoked the permits. She submitted several pictures that showed other signs located in the Town which she feels are similarly placed as her signs. The Code Enforcement Officer approved the Park South sign but would not re-institute the permit for Heartwood. She explained that she has talked with DOT and they do not have a problem with the sign placement. There was no public comment and the hearing closed.
Moved, seconded and VOTED to approve the appeal and reverse the action of the Code Enforcement Officer whereby he revoked a sign permit for Heartwood Subdivision because the Land Use and Development Code does not address the issue. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-130 - The appeal of Timathy and Kelly Horton requesting a permit for enlargement of a non-conforming use namely, to construct a addition to be used as a family room approximately 20 feet by 23 feet in size to an existing non-conforming single family dwelling owned by them at 210 Mosher Road (Map 49, lot 9) which is in the Rural District and which will not encroach any further into any required setback than that which exists.
Kelly Horton spoke on behalf of this appeal. She explained what they wished to do and stated that the house is 25 feet from the road and the new addition will be 35 feet from the Road.
Allene Bowler spoke in support of this appeal.
The public hearing closed. The Board went over the special exception criteria. Moved, seconded and VOTED to grant the appeal. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-131- The appeal of Larry Chandler requesting a permit for enlargement and replacement of a non-conforming structure namely, the construction of a 6 foot by 12 foot deck with steps on the side which has been constructed after removal of 4 foot by 3 foot steps with a landing on property he owns at 52 Sebago Lake Road (Map 69, lot 51) which is in the Rural District.
Larry Chandler spoke on behalf of this appeal explaining the he wished to replace the steps as they were unsafe. His elderly mother lives with them and he would like the deck so that she would have a place outdoors where she could sit.
The was no public comment and the public hearing closed.
After going over the criteria it was moved, seconded and VOTED to approve the appeal. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-132 - The appeal of Leslie A. Nee requesting a permit to enlarge a non-conforming structure, namely to construct a 16 foot by 23 foot deck that would be attached to a single family dwelling owned by her at 21 Jonathan Street (Map 58, lot 22) which is in the Suburban Residential District and which is 45 feet from the road. There would be no further encroachment.
Leslie Nee spoke on behalf of this appeal explaining what she would like to do. She also explained that the deck would be no closer to the property line than the present structure.
There was no public comment and the public hearing closed.
After going over the special exception criteria it was moved, seconded and VOTED to approve the appeal. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-133 - The appeal of Justin Dearborn and Kelly Shaw requesting a permit to enlarge a non-conforming structure, namely to remove an existing 8 foot by 12 foot deck with roof and support posts and replace with a 9 foot by 54 foot deck that would be an open deck with a roof and support posts on property they own at 172 Flaggy Meadow Road (Map 38, lot 4) which is in the Suburban Residential District. There would be no further encroachment into required setbacks than that which exists.
Justin Dearborn spoke on behalf of this appeal explaining what they wish to do.
There was no public comment and the public hearing closed. After going over the special exception criteria it was moved, seconded and VOTED to approve the appeal. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-134 - The appeal of Shawn Holland requesting a permit to enlarge a non-conforming structure by replacing the roof with the new roof pitch being increased significantly to all ample attic storage and possible conversion to a habitable room in the future on property he owns at 95 Queen Street (Map 48, lot 2.002) which is in the Suburban Residential District and which is 25 feet from Queen Street where a 50 foot front yard setback is required. There will be no change in the building footprint.
Shawn Holland spoke on behalf of this appeal explaining what he wishes to do and why. In response to questions from Board members he replied that the extra room would not be used for dwelling space right away but possibly in the future and that the septic system was adequate.
There was no public comment and the public hearing closed. It was moved, seconded and VOTED to approve the appeal. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Appeal #02-135 - The appeal of Walter F. and Pauline R. Spencer requesting a 4 foot variance to remove a set of steps from the front of their home and replace them with a 5 foot by 16 foot farmers porch that would extend 4 feet into the required 50 foot front yard setback on property owned by them at 21 Barstow Road (Map 90, lot 25) which is in the Suburban Residential District.
Walter Spencer spoke on behalf of this appeal explaining what he wishes to do. He also presented a picture.
There was no public comment and the public hearing closed. It was noted by the Board that this variance request met the requirements of the 20% variance standards.
Moved, seconded and VOTED to approve the 4 foot variance. 6 yeas.
Moved, seconded and VOTED to approve the Findings of Fact as read aloud by the Town Attorney. 6 yeas.
Moved, Seconded and Voted to adjourn. 6 Yeas. Time of Adjournment 9:10 pm.
A True Record of Meeting
Attest: ______________________________________
D. Brenda Caldwell, Town Clerk
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