TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
MARCH 18, 2004
The Gorham Zoning Board of Appeals regular meeting was held on March 18, 2004 at the Gorham High School Auditorium.
Present: Chairman Mark Stelmack, Board members; Audrey Gerry, David McCullough, Clinton Pearson and Stephen Scontras. Town Attorney William Dale, Code Enforcement Officer Clint Cushman and Deputy Town Clerk, Jennifer Elliott.
Absent; Board members James Pellerin and Joe Gwozdz.
Moved, Seconded and VOTED to accept the February 19, 2004 meeting minutes as printed and distributed. 5 yeas.
Appeal # 04-170. The administrative appeal of Thomas and Stacia Fredericks requesting the Board reverse the decision of the Code Enforcement Officer whereby he ruled that an outdoor wood burning furnace, owned by neighbor Ken Fickett, was in compliance with State and Local regulations and that this issue is a civil matter, as the installation appears to be in accordance with the manufactures instructions. The applicants’ property is located at 37 Waterhouse Road (Map 21, Lot 16.003), which is in the Rural District. Mr. Fickett’s property is located at 41 Waterhouse Road (Map 21, Lot 16.002)
The applicant was not present at this time. The Code Enforcement Officer explained the basic makeup of the wood burning furnace, the fact that it has it’s own foundation and roof and it’s own housing unit. He stated that there were no regulatory issues. He explained that the Special Exception Standards does not apply to this issue.
The applicant, Mr. Fredericks spoke on his own behalf and explained that he felt the smoke stack could be higher even though it is above the eve of his house. He stated that he couldn’t open his windows or go onto his deck because of the smoke problem.
The Public Hearing was opened and Carla Fickett, of 41 Waterhouse Rd, explained that the unit it 150 feet from from the applicant’s garage and the smoke pipe is above the roofline. She also stated that they burn wood in the winter and early spring and use oil in the summer. They have been burning wood for a heat source for 16 years. The furnace is not always running, it only comes on when the house calls for heat. They do not use it to heat the pool because they use a solar cover in the summer.
Mr. Fredericks, in response to questions from the Board stated that he would be willing to pay for extra smoke pipe. He passed out pictures to the Board members of the Fickett’s wood burning furnace in use.
Ken Fickett explained that in early spring the pool might get excess heat that the house won’t take. They already have extra smoke pipe.
There were no further public comments and the hearing was closed.
The Board discussed the fact that this seemed to be a civil issue, as it did not fall into the Special Exception Standards of the Code.
Town Attorney William Dale explained to the Board members that they only have so much authority, and only from local ordinance. He stated that he felt this issue was not in the jurisdiction of the Board of Appeals.
The Board made mention that the Fickett’s had gone the extra mile to lesson the impact to the neighbor’s.
Moved, Seconded and VOTED that the Board has no jurisdiction to hear or act on the appeal. 5 Yeas.
The findings of fact as read aloud by Mr. Dale were Moved, Seconded and VOTED. 5 Yeas.
The Board discussed the fees for administrative appeals. Audrey Gerry stated she was concerned that the fee was too high and that some people may be left out of the appeal process because of it. The Code Enforcement Officer stated that the cost has not been an issue as of yet. The Board discussed the idea of an informal communication with other Town officials.
Moved, Seconded and VOTED to Adjourn. 5 Yeas.
Time of adjournment 8:05p.m.
A TRUE RECORD OF MEETING
ATTEST: __________________________
Jennifer Elliott, Deputy Clerk
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