TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
JULY 21, 2011
The Gorham Board of Appeals held their regular meeting on July 21, 2011 at 7p.m. in the Burleigh H. Loveitt Council Chambers at the Gorham Municipal Center.
Present: Board members Mark Curtis, Alton Shurtleff, Charles Haws and Joshua Kaufman. Code Enforcement Officer David Twomey and Deputy Town Clerk Jennifer Elliott.
Absent: Board members Joe Gwozdz, Melinda Shain, and Stephen Scontras.
Mark Curtis took over the meeting as acting Chairman.
Appeal # 11-01 The appeal of Sign Concepts on behalf of O’Donnell’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.
Edward Blumenthal spoke on behalf of O’Donnell’s and stated that because sales are down about 40%, advertising is very important. They are considering this business a gateway to Gorham and this sign would be beneficial for competing with the other area businesses and for O’ Donnell’s as well. They would be able to put up amber alerts, storm warnings and other local info. He spoke about other area businesses and the fact that this sign would not alter the neighborhood.
Jeff O’Donnell spoke and stated that they feel handicap because now they only have a manual message board that they cannot get any more letters for and this business has been here since 1900 and with the added traffic from the bypass they would like to modernize. In response to questions from the Board, he said that the message center would be 75% of the sign and the sign would be custom made.
Public Hearing opened.
Barry King, an abutter, spoke in favor of the sign.
Public Hearing closed.
The Code Enforcement Officer referenced Chapter 1, Section 5 stating that they are in the wrong zone for this sign and that the other signs in the area were put up before the new sign ordinance.
The Board discussed how the area is growing and does not seem like a Suburban Residential zone. They talked about other options for O’Donnell’s and the continuity of the area. They also discussed illuminated and LED signs. The CEO stated that the Board needs to be unanimous on all 4 criteria. The Code Enforcement Officer asked the Applicant if they wanted to include all 3 into the variance and they responded yes.
The Board took a poll of the criteria and could not come to a unanimous conclusion.
In response to questions from the Board, Mr. Blumenthal spoke of reasonable return and that the existing sign is not letting them compete with the other businesses in the area, and sometime delivery trucks pass O’Donnell’s by because they do not see the sign. The Board discussed the fact that some businesses were grandfathered and signs were put in under the old sign ordinance.
Moved, Seconded and VOTED to table this appeal to the August meeting. 4 yeas.
Appeal # 11-02 The appeal of Barry King on behalf of Barbara King of King’s Farm Stand requesting to expand the non-conforming use to include on site auction with farm related use. The applicant stated that he wants to have agricultural auctions with no new buildings and access would be off Burnham road.
The Code Enforcement Officer stated that this is a grandfathered non-conforming use and at this point it will not need a site plan review and there can be conditions put on the Variance by the Board. The applicant showed the Board an advertisement in a local paper that was similar to what he wanted to do, including tools, flowers, tractors crafts, trees, pumpkins and other agricultural items. He stated that he will be the auctioneer and that it will be starting off with just a few a month.
Public Hearing opened and Carol Wood, an abutter spoke of her concerns with parking, paving and fluids leaking into the ground water. Mr. Wood spoke and stated that it would be degrading to the area and his concern about the well water in the area due to the items possibly being auctioned off.
In response to questions from the Board, Mr. King stated that they buyer has to take the item away shortly after they have purchased it. The auctions would be during normal business hours and parking would be out back with about 20 spots, with no paving or repairs and it would all be under the umbrella of agriculture.
The CEO talked about if there were additional parking needed it would go back to the CEO and planning review.
There was no further comment from the public and the hearing was closed.
The Board discussed the concerns of the abutters and items that should not be included in the auctions. The Board reviewed and discussed the Special Exception Criteria. They concluded that there should be conditions placed on this variance.
Moved, Seconded and VOTED to grant the appeal with the following conditions;
No livestock, no repairs, only daytime auctions (must stop ½ hour before sunset), have onsite parking only, stock shall arrive no more than 14 days prior and leave within 48 hours after, shall be farm equipment only, two auctions per week max and must have in contract that any visible leaks must be taken care of before arrival.
The Findings of Facts as read aloud by Code Enforcement Officer were Moved, Seconded and VOTED 4 yeas.
Moved, Seconded and VOTED to adjourn. 4 yeas.
Time of adjournment 9:15 p.m.
A True Record of Meeting
ATTEST
Jennifer Elliott, Deputy Clerk
| 
