The Code Enforcement Officer stated that the roof could create a run off on abutterThere was no public comment and the hearing was closed.
Moved, Seconded and VOTED to grant the appeal. 4 Yeas.
Appeal #02-125. The administrative appeal of Lake Region Furniture requesting the Board reverse the decision of the Code Enforcement Officer whereby he ruled the “parking” pertains to passenger vehicle parking and not the display of equipment or products for sale and that Portland Cover, LLC, a direct abutter of Lake Region Furniture, would be allowed to park boats for display and resale in those portions of the front yard setback required for the turning and passage of WB-40 trucks.
Steven Crockett from Lake Region Furniture appeared on behalf of this appeal. He explained that 11 months ago he had voiced his concerns about this issue and that he still has concerns.
Mr. Crockett passed out paperwork that explained the opinions of Atty. Natalie Burns and of the Planning Office concerning the Wescott appeal and the definition of “yards” and displaying of machinery. He then handed out excerpts from the land use code pertaining to pages 131 and 129.
Mr. Crocker discussed that in the parking definition was open and unoccupied space and that nothing should be parked there. He feels the ordinance is right by stating that nothing can be parked within 50 feet of a setback.
He passed out a comparison of his property and the Wescott appeal; he also passed out a letter dated March 17th from William Bray concerning a traffic study.
Public hearing was opened.
The Code Enforcement Officer passed out a letter from the Town Planner to Tim Devine.
He used this letter to help explain his reasoning concerning parking and the land use code.
The applicant stated that he wants nothing to be parked in that setback.
The Code Enforcement Officer used the comparison of a car dealership to explain parking of wares for sale in a setback.
Bill Dale stated that all Town decisions in this matter have been appealed to court and that a Planning decision document is not a final say.
The Board discussed that for the site plans, each case is different and they have the discretion to make specific changes.
David Cairns of Portland Cover, LLC spoke and explained that he has gone to site plan review and was held up because of Lake Region Furniture. He stated that he now owns the property in question and he has followed the Code Enforcement Officers strict guidelines.
He explained that only boats up to 23 feet can be worked on at this building because of the size of the building and they cannot be worked on outside the building.
Bill Dale explained that the definitions can be read generally or literally and to look at the plain wording of the provision in question.
Mr. Crockett explained that the issue is the setback and again spoke of the yard frontage definition.
There were no other comments and the hearing was closed.
The Board discussed the display of wares and the comparison of the Wescott appeal of 1999.
Bill Dale stated that the issue before the Board is the question can Portland Cover park trailerd boats in the setback.
Moved, Seconded and VOTED to uphold the decision of the Code Enforcement Officer, citing that parking refers to passenger vehicle parking, not the display of wares (items that are held out for sale)
4 Yeas.
The Findings of Fact as read aloud by Bill Dale were Moved, Seconded and VOTED. 4 Yeas.
Moved, Seconded and VOTED to adjourn. 4 Yeas.
Time of adjournment 9:10pm.
A TRUE RECORD OF MEETING
Attest:___________________________________
Jennifer Elliott, Assistant Town Clerk
