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09/12/2009 Minutes




TOWN OF GORHAM
BOARD OF APPEALS MINUTES
SEPTEMBER 12, 2002



The September 12, 2002 regular meeting of the Gorham Board of Appeals was held at the High School Auditorium.

Roll Call:  Present; Chairman Owens McCullough, Board members; Audrey Gerry, James Pellerin, Mike Webb, Peter Traill, and Stephen Scontras.  The Code enforcement Officer and the Deputy Town Clerk.
Absent: David McCullough.

Moved, Seconded and VOTED to accept the August meeting minutes as printed and distributed.  6 Yeas.

Appeal # 02-126.  The appeal of Deborah Thomas requesting a permit to enlarge a non-conforming structure, namely the existing construction of a 17 by 23 foot addition to an existing barn on property she owns at 186 Ossipee Trail (Map 113, lot 16) which is in the Rural District.
Deborah Thomas appeared on her own behalf and explained that she was unaware that she had needed a permit to build 2 stalls for horses.  The shed that was there previously was very old and falling down.  The new stalls are not closer to any setbacks.  
The hearing was opened to the public.

Chairman McCullough briefly read aloud two letters from abutters that voiced their support for the applicant.
Mike Meserve, an abutter, spoke on behalf of the applicant but also voiced concerns about his well and water supply, as his well is near the culvert.  
Deb Thomas spoke on the well issue and stated that U.S.D.A. had come out and inspected the property and had some suggestions, she then provided a letter to the Board from the U.S.D.A. stating those suggestions.  
The Code Enforcement Officer stated that the septic issues for Mr. Meserve were the wastewater from the church and the pasturing of the horses.

There were no further comments and the hearing was closed.

The Board discussed the letter from the U.S.D.A. and that the applicant understands the suggestions and will follow through with them.
The Code Enforcement Officer would condition the permit to reflect the conditions of the U.S.D. A. letter, which were; expanding the buffer by 2 more feet on each side, installing a fence around the filter strip, removing manure piles regularly, and not to let the soil become to bare.

The Board went through the special exception criteria as follows;

#1 There would be no traffic issues
#2 Water pollution would not be a problem because there were repairs to the septic system, and the U.S.D.A. inspection.
#3 There would be no unhealthy conditions such as smoke.
#4 There would be no nuisances as far as noise, fire hazard etc.
#5 The waste disposal would be adequate because there would be regular removing of the manure.
#6 There is no shore land issue.

Board member Pellerin voiced his concern over the amount of buffer space asked for.

Moved, Seconded and VOTED to grant the appeal as it does not encroach any further and accepting the findings of the U.S.D.A.

5 Yeas. 1 Nay (Pellerin)

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 7:40 pm.


A True Record of Meeting                              

Attest: ______________________________________
                Jennifer Elliott, Dep. Clerk