TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
AUGUST 18, 2011
The Gorham Board of Appeals held their regular meeting on August 18, 2011 at 7 p.m. in the council chambers at the Gorham Municipal Center.
Present; Mark Curtis, Stephen Scontras, Charles Haws and Joshua Kaufman. Also present were Jennifer Elliott, Deputy Town Clerk and David Twomey the Code Enforcement Officer.
Absent; Joe Gwozdz, Melinda Shain and Alton Shurtleff.
Moved, Seconded and VOTED to approve meeting minutes from July 2011. Board member Haws made change to July 2011 meeting minutes.
Appeal # 11-01. The appeal of Sign Concepts on behalf of O’Donal’s Nursery requesting a variance of the sign ordinance seeking an increase of 8 feet in sign height and an increase of 10 square feet in size along with installation of an LED reader board. Jeff O’Donal spoke and passed out a handout to all the Board members. He stated that his company had been doing the same type of business in this location since 1900. He spoke of other signs in the area and that it is unfair to his business that he can’t compete in the same manner because his current sign is out dated and will need to be replaced soon. He referred to a letter from Donald Giancola, A broker that buyers want ease of access, signs, visibility and a clear path for future growth and this was in reference to reasonable
return of the property. He wants to move “aggressively” to secure a better form of signage. He went over the 4 criteria and explained that his property has 800 feet of frontage and he has often shared his parking lot with the community for parking when teams are coming back from games, and they can be met and escorted back to the High School. He spoke that there is not a neighborhood feel because it has a commercial feel to the area. He showed a short video that highlighted other area businesses that had signs and the fact that is was not easy to get into his business.
The Code Enforcement Officer stated that they were only allowed 24 feet for sign.
The Board discussed the criteria and in response to questions from the Board, Mr. O’Donal stated that his has seen a 40% decline in business. The Board discussed the SR zone and the feel of commercial in this area.
There were no comments from the public and the hearing was closed.
It was noted that at the last meeting there were members from the public that were in favor and none that were opposed. Mr. O’Donal stated that a 24 square foot sign with 800 feet of frontage going 45 mph only gives people 8 seconds to have a chance to read his sign, and a conforming sign will not be seen.
The CEO stated that 24 feet vs. 36 feet in sign, the difference could be granted by the Board. 75% of the sign can be message.
The Board went over the 4 criteria in detail.
Moved, Seconded and VOTED to approve the variance. 3 yeas. 1 nay (Kaufman)
The Findings of Fact as read aloud by Mark Curtis were Moved, Seconded and VOTED. 4 yeas.
Appeal 11-03. The appeal of Shaw Brothers Construction requesting a variance of the Sign Ordinance of an increase of 3.3 square feet to move an existing approved sign to the new location at 341 Mosher Road. Tom Biegel spoke on behalf of Shaw Brothers and stated that the company is moving the business to a new location at 341 Mosher Rd. and wants to take the custom sign with them. It is too big for this area by 3 feet. In response to questions from the Board, he stated that the old building is being sold to a new company and this sign was approved in 1995 for the old location and is a granite custom sign that would be of no use to anyone else. Because the sign is granite, it will go with the character of the new building which will have granite and brick.
There were no comments from the public and the hearing was closed.
Mark Curtis stated that he works for a company whose owner is a family member that owns the company he works for.
The Board discussed the all the criteria and that they can’t do anything with this sign except use it.
Moved, Seconded and VOTED to approve the variance. 4 Yeas.
The Findings of Fact as read aloud by Mark Curtis were Moved, Seconded and VOTED. 4 Yeas.
Appeal # 11-04. The appeal of Dan Grant of Village Builders on behalf of William Jenks requesting a Single Family Dwelling set-back variance of 1 foot 9 inches encroachment into the 15 foot sideline setback. Dan Grant of Village Builders spoke on behalf of William Jenks and stated that they need a 1 foot 9 inch variance to enlarge an existing residence. This would be for a future handicap ramp and for a full 6 foot entry with adequate access in and out of the house. He stated that a small existing garage would be coming down and the existing leach field would be removed.
There was no comment from the public and the hearing was closed.
The Board discussed the 20% criteria and the CEO stated that the neighbors have been talked to and have seen copy of survey and are fine with it. They cannot make it anymore non conforming than it already is. The Board also discussed the handicap issues.
Moved, Seconded and VOTED to approve the variance. 4 Yeas.
The Finding of Facts as read aloud by Mark Curtis were Moved, Seconded and VOTED. 4 yeas.
Moved, Seconded and VOTED to adjourn. 4 yeas.
Time of adjournment 8:40 p.m.
A true Record of Meeting
Jennifer Elliott
Deputy Town Clerk
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