TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
MAY 19, 2005
The Gorham Board of Appeals held its regular meeting on May 19, 2005 at the Gorham High School auditorium.
Present; Board Members, Lauren Carrier, Joe Gwozdz, Clinton Pearson and Cressey
Mollison. Code Enforcement Officer, Clint Cushman, and Town Attorney, Pat Dunn
Absent; Chairman Audrey Gerry and Board members, Thomas Fickett and David McCullough, and Deputy Town Clerk Jennifer Elliott.
Moved, Seconded and VOTED to accept the April 21, 2005 corrected minutes as printed and distributed. 4 Yeas.
Appeal # 05-188. The appeal of Woodside Properties, LLC requesting an 8896 square foot lot area variance to develop an eighth condominium unit on a lot that was approved by the Planning Board for 7 units on property they own at 26 Woodside Drive (Map 101, Lot 20.007) which is in the Urban residential District. Mr. John Sawyer, an attorney for Woodside Properties spoke on their behalf and explained that the project consists of 4 buildings, 3 are duplex units with 2400 square feet each. They had originally wanted 8 units, but the Residential Density calculations were the issue. He spoke of an old septic easement that USM had and had not used and this had added some acreage to the project.
He stated that there are 11 different reasons in the Code to subtract from the calculation. They had recently re-calculated and came up with 75,324 square feet and would like a variance from this amount. The fourth building would only change on the interior and it would become 2 units. Mr. Sawyer and Mr. Les Berry, an Engineer spoke about the hardship issue for the applicant
In response from questions of the Board, they stated that 4 units have been sold and one is under contract and that they were sold for a profit. Les Berry showed a plan to the Board of areas that were subtracted out of the density plan.
The Town Attorney stated that the Planning Board would need to make the change in the amount of square feet per unit, not the appeals board.
There were no public comments and the hearing was closed.
The Board discussed the criteria and the fact that this is a whole parcel issue not just unit # 7. There had been reasonable return and the hardship was created by the owner. Moved, Seconded and VOTED to deny the appeal, as it did not meet the 4 criteria. 4 Yeas.
The Finding of Fact as read aloud by the Code Enforcement Officer was Moved, Seconded and VOTED. 4 Yeas.
Appeal # 05-189. The appeal of Eric and Veronica Bretton requesting permission to remove and replace an existing seasonal camp and 11 foot by 11 foot bunkhouse with a new two story 16 foot by 24 foot single family dwelling with a two level 7 foot by 24 foot deck on property they own at 56 Mallard Drive (Map 73, Lot 15) which is in the Rural District.
The Code Enforcement Officer explained that in 1991 there was a variance granted for a 12 foot by 12 foot deck but there is no record of that being recorded in the Registry of Deeds. This is a legally non-conforming lot but the deck (now a screened-in porch) does not meet the required 75 foot setback from the Presumpscot River. The 30% expansion regulation came into effect in January of 1989.
The Town Attorney questioned if a permit was issued in error at that time, and that this is a two-part decision, the old variance and the new appeal.
Mr. Bretton added that a deck was in place when the first appeal was sought. The deck was there prior to 1989.
They questioned if the deck was not legal to begin with, how much space do we have to begin with. The Code Enforcement Officer stated that it becomes illegal because there is no record of a variance.
Moved, Seconded and VOTED to table this appeal to the June 16, 2005 meeting. 4 Yeas.
Moved, Seconded and VOTED to adjourn. 4 Yeas. Time adjournment 8:15 P.M.
A TRUE RECORD OF MEETING
Attest: Jennifer Elliott, Deputy Clerk
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