Zoning Board of Appeals
Minutes
September 26, 2007
Present: Kathy Wood, Vincent Palange, Kyle Coolidge
Excused: Barry Watson, Debby Flanigan
Others: Kinderly Hodgdon
Kathy Wood called the meeting to order at 7:03 p.m.
Approval of Minutes
Approval of August 22, 2007 Minutes
Vincent Palange moved to approve as presented, Kyle Coolidge seconded
Vote 3-Yes
Old Business
None
New Business
Richard and Donna Monto, 3 Fairview Avenue, Gray, Maine Map 15A, Lot 33, AOZ Zone is requesting a 20 foot front variance to permit the construction of a handicap access built ramp to ADA standards. The front setback is 50 feet.
Philip Brown of Westbrook represented Mr. and Mrs. Montos. Mr. Brown reported the Montos had lived at 3 Fairview Avenue for 40 years. Richard has Parkinson disease and its progressive effects and is in need of wheelchair access to the building. The home was built prior to the ordinance and the only practical place to construct the ramp is in the front. ADA requires a foot of ramp for every one inch change in elevation, requiring a 34 foot ramp with a switchback. The ramp has been laid out to hug the building as much as is practical and will end up thirty feet from the property line. A sketch was provided for the board to review. Photos of the front stoop and the landing area were also provided for the board.
Kathy Wood noted the council has been asked to review the ordinance so they would not have to come forward and ask for the variance. Kathy Wood also wanted to know if the application fee may be refunded. Councilor Upham, there was an order to give the code enforcement officer this type of authority and the waiving of the fee and this recommendation will be considered. Kathy Wood noted the burden of recording the variance and the permit fee would be the applicant’s responsibility.
Kathy Wood moved we the Gray Zoning Board hereby grant a 20 ft front variance to Richard and Donna Monto, 3 Fairview Avenue, Gray, Maine Map 15A, Lot 33, AOZ Zone to permit the construction of a handicap access built ramp to ADA standards. The front setback is 50 feet. The ramp is to be removed if no longer needed or the Montos no longer reside at the residence. Kyle Coolidge seconded.
Vote 3-Yes
Thomas and Barbara Gorrill, 27 Wildwood Lane, Gray, Maine, Map 11, Lot 41, LD Zone is requesting a 10.1 foot front variance to allow construction of an attached garage. The front setback is 50 feet.
Tom Gorrill reported they are the last house on the left before a hammerhead and provided an overview with the proposed garage outlined. They have a couple of family members who have a difficult time getting into the house and need a more controlled environment free of snow and ice. They have lived at the property since 1980. The property line next to Olivers is close too the house and there is no opportunity to put a garage on the other side. The house drops off steeply in the rear. The garage would be 28’ x 28’ to allow room for a ramp to help family members who need assistance into the house and will require a variance so they can not meet the fifty foot set back at one corner. Mr. Gorrill reviewed the variance criteria and believed they met all criteria. The land in question can not yield a
reasonable return unless a variance is granted as twelve of the fifteen homes on the lane have garages. The lack of a garage will create a disadvantage. The variance is due to the unique character of the property. As Wildwood Lane curves and on the hammerhead and the steep drop off in the back makes it difficult to orient the garage any other way. Granting the variance will not alter the character of the locality. The view from the house will look better for the neighbors and in character with the rest of the neighborhood. The hardship is not a result of actions of the applicant. Mr. Gorrill noted if the placement of the house had been different, there would have been a greater need for a variance.
Kyle Coolidge moved we the Gray Zoning Board of Appeal hereby grant to Thomas and Barbara Gorrill, 27 Wildwood Lane, Gray, Maine, Map 11, Lot 41, LD Zone the requested 10.1 foot front variance to allow construction of an attached garage. The front setback is 50 feet.
Vote 3-Yes
Adjournment
Vincent Palange moved to adjourn at 7:25 p.m., Kyle Coolidge seconded
Vote 3-Yes
All Motions in the Affirmative
Suggested Motion
We the Gray Zoning Board of Appeals hereby grants to:
If denied give reasons for denial
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