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11/17/2005 Board of Appeals Minutes







TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
NOVEMBER 17, 2005


The Board of appeals held its regular meeting on November 17, 2005 at the Gorham High school auditorium.

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

Moved, Seconded and VOTED to approve the October 20, 2005 meeting minutes as printed and distributed.  4 Yeas.

Appeal # 05-195.  The appeal of Moody’s Collision Center (Shawn Moody) requesting permission to expand/enlarge a legally nonconforming use (Moody’s Collision Center, which includes a collision repair facility, auto dealership and junkyard).  The expansion would involve a new 18,000 square foot collision repair facility on property they own at 192 Narragansett Street. (Map 39, Lots 22,23,24) which is in the Narragansett Development District.
The Code Enforcement Officer explained that the Moody’s own a legally nonconforming business, i.e. grandfathered.  They will still need to go before the Planning Board.
Shawn Moody spoke on his own behalf and explained that because the business is going so well they need to expand with this building.  The area is cleaned up from what used to be a junkyard. The new building will go where the wooded area is and share the existing driveway that Moody’s has now.  He explained that they would also like to think about getting 3-phase power and gas expanded into that area in the future.
There were no public comments and the hearing was closed.
The Board discussed the fact that the zoning had made this nonconforming and this is not a change of use.  The Board went over the criteria for the appeal.
Moved, Seconded and VOTED to grant the appeal as it met all the criteria.  4 Yeas.
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 7:30 p.m.
A true record of meeting