TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
FEBRUARY 19, 2004
The Gorham Zoning Board of Appeals regular meeting was held on February 19, 2004 at the Gorham High School auditorium.
Present; Chairman Mark Stelmack, Board member; James Pellerin, Joe Gwozdz, David McCullough, Clinton Pearson and Stephen Scontras. Code Enforcement Officer Clint Cushman, Town Attorney William Dale and Deputy Town Clerk, Jennifer Elliott.
Absent; Board member Audrey Gerry.
Moved, Seconded and VOTED to accept the January 22, 2004 meeting minutes as printed and distributed. 6 Yeas.
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. (Note: This item was tabled from the January 22, 2004 meeting.)
Owens McCullough, an engineer from Sebago Technics, appeared on behalf of the applicant. He went over the criteria for the appeal and focused on the reasonable return. He broke down the costs involved in this project for a 13-lot subdivision. Without legal costs and interest, the cost to the applicant would be approximately 1.1 million dollars. He stated that this would not be a big money making project for the applicant and that it is still going through the planning process. Mr. Grondin now owns this piece of property; he purchased it for $500,000, and would have lost a $20,000 deposit if he had waited until after this evenings meeting to close on it.
In response to questions from the Board, Owens McCullough stated that the lot sizes would be from 2 acres to 6 acres and would be sold as empty lots. Half of the property would be taken up by the 13 lots and there is much of the land that cannot be developed because it is wetlands.
The Public Hearing was opened and Christine Kimball, an abutter, spoke of her opposition to this variance. She feels Mr. Grondin can remove the ell of the existing home or move the house and not need the appeal. She also feels Harding Bridge Road is too dangerous with its sharp curves as it is.
There were no further comments and the Hearing was closed.
The Board discussed the 4 criteria for the variance. They discussed the new information that was presented and the possibility of financial hardship. The Board compared lot prices and costs involved in the project. Board members Pellerin and Gwozdz felt that costs could be recovered in the long term. Board member McCullough stated that there should not be speculation into amount of profit to be realized.
The Board discussed options for moving the existing home or taking off the ell on the home, and the abandon road.
Moved, Seconded and VOTED to grant the appeal. 1 Yea and 5 Nays ( Pellerin, Gwozdz, Stelmack, Scontras, Pearson) Motion failed to lack of votes.
Moved, Seconded and VOTED to deny the appeal, as it does not meet all the criteria. 5 Yeas, 1 Nay (McCullough).
Moved Seconded and VOTED to approve the findings of fact as read aloud by William Dale. 6 Yeas.
Moved, Seconded and VOTED to adjourn, 6 Yeas.
Time of adjournment 8:10 p.m.
A TRUE RECORD OF MEETING. ATTEST:
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Jennifer Elliott, Dep. Clerk
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