TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
MAY 20, 2004
The Gorham Zoning Board of Appeals regular meeting was held on May 20, 2004 at the Gorham High School auditorium.
Present; Chairman, Audrey Gerry, Board members; Thomas Fickett, Clinton Pearson, and Cressey Mollison. Code Enforcement Officer Clint Cushman and Deputy Town Clerk, Jennifer Elliott. Absent; Joe Gwozdz and David McCullough.
Moved, Seconded and VOTED to accept the meeting minutes from April 22, 2004, with a change to the minutes showing that at the last meeting there were only 4 votes in favor of accepting the last meeting minutes. Mr. Fickett did not vote on that motion because he was not on the board at that time.
Appeal# 04-171. The Administrative appeal of Maietta Construction, Inc. requesting the Board reverse the decision of the Code Enforcement Officer whereby he issued a Notice of Violation regarding their involvement with an earthmoving project on property owned by John Hillock, Inc. (Map 7, Lots 3,5 & 12) lots 3 and 5 are in the Suburban Residential District and Lot 12 is in the Shore Land Zoning District. This appeal had been postponed from the April meeting.
Chairman Gerry referred to a letter from an attorney of the Maietta Construction Company stating they have signed a Consent Agreement; therefore they will not need to present this appeal.
Appeal# 04-174. The appeal of Ronald Meserve requesting an 8-foot variance from the front yard setback to install a kiosk for a gasoline attendant at property he owns at 109 Main Street (Map 102, lot 153) which is in the Urban Commercial District.
Ronald Meserve appeared on his own behalf and explained that he wanted to improve the lot and provide better service for the customers. He wants to have a small building where the pumps are, where the attendant can respond quicker to the customer. The building will be on the existing island that is already grand fathered. His other improvement plans are going through minor site plan review.
In response to questions from the Board, he stated that the pumps will be going where they were before, and he is not asking for a canopy over the pumps.
There were no public comments and the hearing was closed.
The Board discussed the criteria for a variance.
The Code Enforcement Officer read the definition of a structure, and a raised island fell into that definition. The Board then looked at and discussed the special exception criteria for a non-conforming structure.
Moved, Seconded and VOTED to grant the appeal as it met all the special exception criteria.
3 Yeas
1 Nay (Fickett)
The findings of fact as read aloud by the Code Enforcement Officer were Moved, Seconded and VOTED. 4 Yeas.
Moved, Seconded and VOTED to adjourn. 4 Yeas.
Time of adjournment; 7:20 p.m.
A True Record of Meeting. ATTEST: _______________________
Jennifer Elliott
Deputy Clerk
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