TOWN OF GORHAM
BOARD OF APEALS
MEETING MINUTES
JANUARY 22, 2004
The Gorham Zoning Board of Appeals regular meeting was held on January 22, 2004 at in the Gorham High School auditorium.
Present; Chairman Mark Stelmack, Board members; James Pellerin, David McCullough and Clinton Pearson. Code Enforcement Officer Clint Cushman, Town Attorney William Dale, and Deputy Town Clerk Jennifer Elliott.
Absent; Board members, Audrey Gerry, Joe Gwozdz and Stephen Scontras.
Moved, Seconded and VOTED to accept the December 18, 2003 meeting minutes as printed and distributed. 4 Yeas.
James Pellerin disclosed that he lives on the Harding Bridge Road, but he feels he can make an objective decision. With the raising of hands, the Board agreed.
Appeal # 04-169. The appeal of Kenneth and Carolyn Grondin requesting a 20 foot variance to the front yard setback for the existing house to allow for a 50 foot private way on property they are planning to purchase (Map 50, Lot 13) which is in the Rural District.
Owens McCullough, an engineer from Sebago Technics appeared on behalf of the applicant. He explained that the applicant is in the process of buying the land and would like to put in an additional house lot and in the future possibly a subdivision. They would need a variance based on the existing house that is there. He presented a large map of the proposed private way. He talked about the discontinued road and how that has affected the frontage issues with this piece of property. Council had discontinued the road in 1994 and the only point of access would be to put in the proposed private way in this location.
Owens McCullough went over the 4 criteria, stating that for a reasonable return, the land has no other access. The need of the variance is due to unique circumstances of the property. The variance would not alter the character of the property. The hardship was created when the Town discontinued the road and took away the frontage.
Kenneth Grondin spoke on his own behalf and stated that if the access point were changed to the discontinued road frontage, the old trees would have to come down; it would minimize the setback and would ruin the character of the property. He stated he would like to subdivide in the future and has been in communication with the planning department.
In response to questions from the Board, the applicant stated that he plans to keep the portion of the discontinued road a public easement. The assessed value of the existing house is $88, 000 and fair market value is about $150, 000. He would most likely renovate the existing home and resell it, but no final decision has been made. He explained about the water line issue, tapping into that might mean more house lots in the subdivision to offset costs of the water line. The 5 out buildings on the property would be taken down.
The public hearing was opened and Mr. Irving Kimball, an abutter, spoke about his concerns for future subdivisions, traffic issues and road safety.
Mr. Grondin stated that he has spoken to the planning department about shared costs of an overlay on the pavement, and that he had just talked to Mr. Kimball before this evenings meeting about moving the road over 20 feet to possibly avert the variance issue.
Mr. Dale, raised the issue of the possibility of a land sale from Mr. Kimball to Mr. Grondin.
Owens McCullough shared his concern about other details that may factor in to moving the road, for example, drainage, property lines, ditches etc.
There were no further comments and the public hearing was closed.
The Board discussed about the possibility of tabling the appeal to allow the applicant a chance to pursue talks with the abutter, Mr. Kimball. They discussed the issue of reasonable return. They also talked about the size of a future subdivision.
Moved, Seconded and VOTED to table the appeal to the next Board of Appeals meeting on February 19, 2004. 3 Yeas. 1 Nay (Pearson).
Moved, Seconded and VOTED to adjourn. 4 Yeas. Time of adjournment 8:25 p.m.
A TRUE COPY OF MEETING
Attest: __________________________
Jennifer Elliott
Deputy Clerk
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