TOWN OF GORHAM
MEETING MINUTES
ZONING BOARD OF APPEALS
OCTOBER 6, 2011
The Gorham Zoning Board of Appeals held a special meeting on October 6, 2011 at 7pm in the Council chambers at the Municipal Center and considered the following;
Roll call: absent: Chairman Joe Gwozdz, board member Joshua Kaufman. Present; Acting Chairman, Mark Curtis, board members; Stephen Scontras, Charles Haws and Alton Shurtleff. Also present, Code Enforcement Officer David Twomey and Deputy Town Clerk, Jennifer Elliott.
- Acceptance of the August 18, 2011 meeting minutes as printed and distributed.
Moved, Seconded and VOTED 4 yeas to accept
- Appeal # 11-05. The appeal of Joel Poirier requesting a Single Family Dwelling set-back variance, seeking a 4 foot encroachment into the 50 foot front yard setback. This is less than 20% of the required setback on property owned by John and Peggy Douglas at 146 Buck Street (Map 80, Lot 7) which is in the Suburban Residential zone.
Joel Poirier spoke on his own behalf and passed out photos to board members. He also thanked the Board for changing date of meeting. A building permit issued in August. The bank had surveyed property, and found that it was a 4 rod road which encroached on his line. It was a mortgage surveyor. He was unaware that it was a 4 rod road. Because of financing, he needs to proceed with building. When they put foundation in he thought he was ok, did not know it was a 4 rod road. The Code enforcement officer had done inspection and thought he was ok, he also was un-aware of the 4 rod rd. He does not have to meet all the 4 hardship criteria, because of the 20%.
The Public hearing was opened and there was no comment from the public and it was closed.
Moved, Seconded and VOTED to grant the appeal 4 yeas.
Findings of fact were read aloud by Mark Curtis.
Moved, Seconded and VOTED to accept the findings of fact. 4 yeas.
Appeal # 11-06. The appeal of Merritt Bennett seeking an Administrative Appeal of the Code Enforcement Officer’s determination/interpretation of the Code that the use requested (a private dirt bike track) is not an allowed use in the Rural Zone. On property by Fred and Pam Bennett located at 463 Fort Hill Road (Map 66, Lot 1) which is in the Rural zone.
Code enforcement office stepped down from board in to the audience.
Merritt Bennett spoke on his own behalf. They built a track in 2007, 550 feet long is the longest lane. He put a fence and sprinklers to keep dust down. He did not know he needed a permit. Because of the other businesses that are there CEO said he could not do that. . He would like to charge for use to the public, they have had a lot of interest from the public. They charge for the paintball and the Frisbee golf that is there now. CEO spoke in response to questions from the board. He was responding to a complaint. It is now a commercial property, so that changes the allowed uses. The paintball and golf fall under the country club use. It’s a public, not truly commercial like industrial. He would have to have a site plan review from
planning board. He is already going to the planning board for something else, and wanted to bring this issue with him. There is not anything in the code that addresses a dirt bike track.
The Public hearing was opened, John Charette, an abutter spoke and stated that he does not find much noise. He does not have a problem with the track at all. Travis Charette, spoke and said he has been racing for 3 plus years and feels this is a great place to stay out of trouble and it is a real safe track. Mr. Charette spoke about noise levels at different tracks and compared it to chainsaws and snowmobiles. There were no further comment from the public and the hearing was closed. closed.
The Board discussed the fact that he was going to the planning. His site plan would need amended. Site has changed because he put a track in. Mr. Bennett spoke; closest neighbor is about 700 feet. Anything to do with a recreational use is what the country club ordinance says. Hours would be 2 days during the week and 2 Sundays a month. They discussed the noise ordinance and criteria the Planning Board may have to address. Mr. Bennett also teaches a beginner riding class and is certified for it. Mr. Bennett stated that the Police think this is a good idea; it keeps the kids off the road and out of trouble with the dirt bikes.
In response to questions from the board, the CEO stated that if the Board can find a use to place this track in, in the Code, than they can use it. Permitted used #12, might be where we could fit it in. This has been here since 2007. They discussed the aspect of social institution. The planning board will still make further approval.
Moved, Seconded and VOTED to overturn the CEO’s decision based on Section VIII B 12, institution of social nature. 3 yeas. 1 Nay ( shurtleff)
The findings of fact were read aloud by Mark Curtis. Moved, Seconded and VOTED. 4 yeas.
Moved, Seconded and VOTED to adjourn. Time 8:05 pm.
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