The second part of appeal# 02-143, the Coldwell Banker sign. Susan Duchaine explained that within a week of prevailing at the October Board of Appeals meeting the Code Enforcement Officer felt the Coldwell Banker sign needed to be moved. The sign had been there for 2 years. She questioned why the Town of Gorham was enforcing MDOTbeing developed and shown to the Code Enforcement Officer for approval, why weren
The Town Attorney explained that the small road to a sub-division is considered like a house lot in that same sub-division. When the sign was revoked it was an on premise sign.
The public hearing was opened.
The Code Enforcement Officer passed out photos to the Board of the sign at the Heartwood subdivision. He read a letter from MDOT to Dr. Brooks regarding the haunted hayride sign being illegal. He stated that the photos passed out show the edge of the right of way. The Town attorney spoke about the Code Enforcement Officer and that he believes the sign to be in the route 114 right of way, not the Quincey Dr. right of way.
There was discussion within the Board that as long as the applicant keeps fee ownership of Quincy Dr. the sign can be in the Quincy Dr. right of way.
The Code Enforcement Officer explained that he enforces local and state ordinances, and they communicate and work together. He stated that he does not issue permits for real estate signs, but he does issues sub-division signs.
The applicant spoke and said she would not have a problem if in the morning the Coldwell Banker sign went back up because DOT does not have a problem with it. She stated that on October 28th, 2002 the Code Enforcement Officer told Coldwell Banker if they did not remove the sign he would fine them between $100. and $2500. a day.
There were no further public comments and the hearing was closed.
Moved, Seconded and VOTED to approve the reinstatement of the Coldwell Banker sign as long as it is in the Quincey Dr. right of way. 7 Yeas.
The findings of fact as read aloud by Bill Dale were Moved, Seconded and VOTED. 7 Yeas.
The Board discussed the issue of permanent signs in highway right of ways.
Appeal # 02-144. The appeal of Harvey Libby requesting a area variance of 16,250 square feet and a frontage variance of 50 feet for construction of a single family home and garage on property he owns at the end of Davis Annex (Map 38, lot 2.001) which is in the Suburban Residential District.
Harvey Libby spoke on his own behalf and explained that he has owned this property since 1987 and there is a small shed on the property now. He has paid taxes for the 15 years and the lot has been taxed as a house lot.
At this time the Town Attorney left the meeting (8:15pm)
The lot has a drilled well. The Code Enforcement Officer passed out a letter from the Public works Director and he referred to it and plowing issues.
There were no public comments and the hearing was closed.
The Board discussed if there were anyway to prevent someone from creating and carving up lots and selling these lots. In response to questions from the Board, Mr. Libby explained that BH2M agreed the road ends after his lot and the road has existed over 200 years.
At this time David McCullough left the meeting (8:30pm)
The Board discussed the variance criteria and the property description.
Moved, Seconded and VOTED to Deny the 16,250 square foot variance, as it does not satisfy the 4th criteria, and to approve the 50 foot frontage variance. 6 Yeas.
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 8:45pm.
A TRUE RECORD OF MEETING
Jennifer Elliott, Deputy Clerk
