TOWN OF GORHAM
BOARD OF APPEALS
MEETING MINUTES
JUNE 13, 2013
The Gorham Board of appeals held a meeting on June 13, 2013 at the Gorham Municipal Council Chambers.
Present; Chairman Mark Curtis, Board members Jared Clark, Alton Shurtleff, and Joshua Kaufman. Code Enforcement Officer Freeman Abbott and Deputy Town Clerk Jennifer Elliott.
Absent; Vice Chairman Charles Haws, Board members Rachel Sunnell and Stephen Scontras.
Moved, Seconded and Voted to approve the April 3, 2013 meeting minutes as printed and distributed. 4 yeas.
The Code Enforcement Officer commented that the applicant is trying to sell this home and they need a 3 foot variance. In 2009 the Code Enforcement Officer at the time was aware of the encroachment and issued a letter of no action.
Appeal # 13-06. The appeal of Philip Davis and Linda Mawhorter requesting a 3 foot variance for a front yard setback located at 67 Wescott Road (Map 87, Lot 09) which is located in the Suburban Residential/Manufactured Housing district and that requires a 50 foot setback.
Keith nicely spoke on behalf of the applicants and explained that they bought the home in 2009 and the mortgage company discovered the issue during a survey, before the applicants came into possession of the property. Now they are trying to sell the home and would like to have everything done correctly.
The Public Hearing was opened and Linda Mawhorter, one of the applicants, stated that if they did not receive the appeal it may mean they would have to take down a corner of the home and that would be hard to modify. There were no other comments from the public and the hearing was closed.
Moved, and Seconded that the board could hear this appeal.
The Board discussed the 5 single family set back criteria.
1. Moved, Seconded that the need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood. 4 yeas.
2. Moved, Seconded that the granting of the variance will not alter the essential character of the locality. 4 yeas.
3. Moved, Seconded that the hardship is not the result of action taken by the applicant or prior owner. The hardship was the result of an error of the builder. 4 yeas.
4. Moved, Seconded that the granting of the variance will not substantially reduce or impair the use of the abutting property. 4 yeas.
5. Moved, Seconded that the granting of the variance is based on demonstrated need, not convenience, and no other feasible alternative is available. If not granted, a large portion of the home would have to be removed. 4 Yeas.
Moved, Seconded and VOTED to grant the 3 foot variance as all required criteria have been met. 4 Yeas.
Moved, Seconded and VOTED to adjourn. 4 yeas. Time of adjournment 7:25 P.M.
A true Record of Meeting.
ATTEST:
Jennifer Elliott, Deputy Town Clerk
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