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04/21/2005 Board of Appeals Minutes
TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
APRIL 21, 2005


The Gorham Board of appeals held its regular meeting April 21, 2005 at the Gorham High School Auditorium at 7:00 p.m.

Present; Board Members: Thomas Fickett, Joe Gwozdz, Audrey Gerry, David McCullough, Clinton Pearson and Cressey Mollison.  Code Enforcement Officer, Clint Cushman, Town Attorney, Bill Dale and Deputy Town Clerk, Jennifer Elliott
Absent; Lauren Carrier.

The Deputy Town Clerk opened the meeting by taking nominations for chairman and vice-chair.  Moved, Seconded and VOTED for Audrey Gerry for Chairman.  6 Yeas.
Moved, Seconded and VOTED for Joe Gwozdz for vice-chair.  6 Yeas.

Chairman Gerry referred to a letter from Brenna Waindle in reference to her appeal.  The applicant would like to remove her request for a variance.  This was appeal # 05-185, and had been tabled from the March meeting.
Chairman Gerry then referred to a letter from Paul Frinsco, Attorney for Earle Glidden, appeal # 05-186.  This letter requests that the Board reschedule this appeal to a later date as the applicant is planning to file an application with the Planning Board for the relocation of the disputed business.  
Moved, Seconded and VOTED to table this appeal.  6 Yeas.

Appeal # 05-187.  The appeal of Shawn Moody requesting permission to expand a nonconforming use by opening a 5 acre wooded area on his lot to accommodate the storage of vehicles brought in for accident claims processing.  This is a legally nonconforming (grand fathered) property that he owns at 200 Narragansett Street (Map 39, Lot 22) which is in the Narragansett Development District.
Thad Moody appeared on behalf of his brother, Shawn Moody and explained that accident claims processing needs a lot of land.  It would be a storage area for cars; it is basically a holding area for cars before they go up for auction.  Insurance companies bring in the totaled vehicles and they will be coming in during normal business hours.  They do not want to make this a Wal-Mart type parking lot; there will be as much vegetation as possible.
He also explained that they still have to go through strict DEP and Planning Board restrictions and approvals. He went over the site plans that were submitted with the Board.  David McCullough went over the criteria in form of questions to Thad Moody.
The Public Hearing was opened and Jeff Pike from 210 Narragansett Street spoke about his concern the buffer for the new area and asked about a stockade fence.  
Peter Davis of 15 Midnight Way spoke of his concerns of a buffer and lights and loudspeakers that may be operated at night.
Mr. Moody stated that the area holds about 400 cars, and the cars will basically be in and out.  
The Code Enforcement Officer addressed the buffer issue stating that it will be fully addressed by the Planning Board.
There were no further comments and the hearing was closed.

The Board discussed the criteria for this appeal and the fact that the Planning Board still has to approve the site plan.
Point of Order by Mr. Pike, he wanted to know the process and why Mr. Moody had to come to the Board of Appeals.
The Town Attorney stated that the appearance at the Board of Appeals was for the approval or disproval of the use. (Commercial)
The Planning Board will determine how they layout that site.

Moved, Seconded and VOTED to approve the appeal as it meets the criteria and provided the applicant must secure both State DEP and Gorham Planning Board approval in reference to the buffer issues.  6 Yeas.

The Findings of Fact as read aloud by The Town Attorney were Moved, Seconded and VOTED.  6 Yeas.  
Moved, Seconded and VOTED to adjourn.  6 Yeas.

Time of adjournment 7:45 p.m.


A TRUE RECORD OF MEETING


Attest: __________________________________
               Jennifer Elliott, Deputy Town Clerk