Town of Gray
Zoning Board of Appeals
Minutes: April 23, 2008
The Board of Appeals for the Town of Gray will meet on April 23, 2008
at Stimson Hall at 7:00 p.m. to act on the following variance requests, in accordance with the Town of Gray Zoning Ordinance as adopted and as amended to October 5, 1999.
Present: Barry Watson, Vincent Palange, Kathy Wood, Debbie Flanigan
Absent: Kyle Coolidge
Others present: Code Enforcement Officer Doug Webster, Phil Pulsifer, Councilor Andy Upham, Anna DiSanto, Roy Thistle, John Swiger.
Approval of Minutes
February 27, 2008
Motion was made to accept the minutes for the February 27, 2008 meeting as amended.
Debbie Flanigan indicated that Barry Watson was not listed as present on the minutes and also cited an error on page 2- the motion was made by Debbie Flanigan and Barry Watson seconded. This was not listed and should have been included.
Kathy Wood motioned; Vincent Palange seconded
4 Yes.
New Business
Ron Gobeil, representing Gobeil Furniture Galleries, 235 Portland Road, Gray, Maine, Map 36, Lot 2, Zoned Commercial is requesting a sign ordinance variance from the 24 square foot standard to place an applied sign with 32 sq. feet of letter area and a total area of 56 square feet.
This item was tabled to next month’s meeting.
John Swiger, 18 Lattimer Road, Gray, Maine, Map L02, Lot 5, Zoned Lake District is requesting three variances in order to construct two decks:
1) A 10 foot reduction of 50 feet rear setback
2) A 5 foot reduction of a 15 foot sideline setback, and
3) A 180 sq. foot increase (from 22% to 26%) of a 20% maximum building coverage/lot area ratio.
John Swiger requested to install a deck behind his home. He described his property and indicated that the board had photos of the home. He stated that his neighbor was fine with a deck but suggested that he take this up with the board because of the type of lot he has. He described his deck as a modest one and it would not be bigger than the existing deck. The plans were given to the board as well as a letter of support for this project.
Barry Watson did not object to the request, but Kathy Wood asked about the reduction and cited page 56 of 87, last paragraph of the ordinance code. She indicated that it limits it to 10%. CEO indicated that it is up to the board and that John Swiger has made the hardship variance application and the section Kathy Wood mentioned may not apply. He stated that he had recommended that John Swiger complete the 4 step application.
John Swiger indicated that the area in question is not usuable for other purposes and cannot be use for a garden etc. and that area is a negative selling point should he sell his property in the future.
Barry Watson asked about doors on this project and the chimney. John Swiger indicated that the chimney can be moved and wanted to wait for the outcome of this meeting before making arrangements.
We, the Gray Zoning Board of Appeals hereby grants John Swiger of 18 Lattimer Road 3 variances in order to construct two decks:
1) A 10 foot reduction of 50 feet rear setback.
2) A 5 foot reduction of a 15 foot sideline setback, and
3) A 180 sq. foot increase (from 22% to 26%) of a 20% maximum building coverage/lot area ratio.
Kathy Wood motioned; Debbie Flanigan seconded.
4 Yes
John and Sue Meade, 35 Arundel Road, Gray, Maine, Tax Map 12, Lot 34, Zoned Lake District have file an administrative appeal of the Code Enforcement Officers revocation of Building Permit #07-219 and resulting Stop Work Order.
This item was tabled to next month’s meeting.
Anna DiSanto & Roy Thistle, representing DiSanto’s/Julien’s Restaurant, 322 West Gray Road, Gray, Maine, Map 17, 12A, are requesting three variances from the Sign Ordinance to allow two freestanding signs on a common sign post. (1) A 16.64 sq.ft. variance of a 24 sq.ft. free-standing sign (Proposed sign area = 40.64 sq. ft.) (2) A variance to allow an electronic message display board in an RRA Zoning district (3) A 9.28 sq. ft. variance of a 12 sq.ft. maximum size for an electric message display board sign (proposed sign area = 21.28 sq. ft.)
Barry Watson asked Councilor Upham if the Town Council has done any work on the Sign Ordinance. Councilor Upham said no.
Roy Thistle indicated his reasons for changing his current sign. The design in question is more updated and is easier to change as it
is an electronic sign.
Doug Webster asked about the number of lines on the sign. Anna DiSanto and Roy Thistle indicated that there would be 3 lines.
Barry Watson commented that this board has been lenient about sign changes since there have been many requests by others for changes.
Roy Thistle stated that the size needs to be bigger to be more visible and for the size of the parking lot.
We, the Gray Zoning Board of Appeals hereby grants Anna DiSanto & Roy Thistle, representing DiSanto’s/Julien’s Restaurant, 322 West Gray Road,Gray, Maine three variances from the Sign Ordinance to allow two freestanding signs on a common sign post. (1) A 16.64 sq.ft. variance of a 24 sq.ft. free-standing sign (Proposed sign area = 40.64 sq. ft.) (2) A variance to allow an electronic message display board in an RRA Zoning district (3) A 9.28 sq. ft. variance of a 12 sq.ft. maximum size for an electric message
display board sign (proposed sign area = 21.28 sq. ft.)
Kathy Wood motioned; Barry Watson seconded
4 Yes
Other items:
Doug Webster commented on the Sign Ordinance wording. In particular page 5 in conjunction with the definitions. Section 406.2 A1 He asked if a home occupation/business is allowed to have the same type of sign as a traditional business. He questions the definition and asks if it is unclear in the wording.
Councilor Upham recalled a situation a few years ago and indicated that, as worded, it will always be listed as a home and the home business is an accessory use within that home.
Doug Webster indicated that if the accessory use does not overshadow the residential home aspect, then this is a legitimate use of the property. But he had questions about the wording in order to apply this ordinance fairly. He indicated that in other towns there is difference in the wording. Gray zoning defers the sign to the Sign Ordinance. He asked if the board reads this section differently.
There was a question of how it is applied and is it Section A1 or A2.
Phil Pulsifer commented on Section 406.11 and asked about business sign on a state highway. Doug Webster indicated that he could discuss this issue in general terms but not a specific sign or example. Barry Watson had no issues with this sign, and Kathy Wood indicated that if he wanted to make a formal request, he needs to go to Town Hall so that that it becomes a public request since this was not on the agenda.
Councilor Upham stated that there has been some review and the initial interpretation Doug stated is correct- residential is primarily residential with business use as an accessory use in the residence. He also indicated that there would be exceptions at times and may require a variance as needed.
Barry Watson indicated that he believes that they should be treated the same way as business signs as it is written in the Sign Ordinance. If it goes beyond the maximum of 32 square feet then a variance would have to take place as it has been for a number of new businesses in the community. Barry Watson and Kathy Wood also described other measurements for other locations.
There was discussion on the ordinance versions. It appears that not every board member has the updated one. Councilor Upham indicated that he would make the request to have an updated zoning ordinance document given to everyone on the board.
Councilor Upham indicated that the Town Council has been reviewing Section 401 and 402 of the current Zoning Ordinance and requests that this board review these changes to understand it and to help them to best interpret them. He also indicated that the Town Council is planning a meeting with various boards including ZBA to review ordinances as the sole topic. Tentatively, the meeting is set for May 12th at 7pm. Councilor Upham indicated that Section 401 and 402 is in extensive rewrite to clarify and make it simpler to understand.
Doug Webster commented that Section 401 is a very comprehensive rewrite and Section 402 is more formatting and not a complete rewrite.
Kathy Wood asked about the handicap ramp. Councilor Upham will check on this.
Phil Pulsifer commented that a 4ft square sign or smaller on a highway is unsafe.
Adjournment
Barry motioned to adjourn the meeting. Kathy Wood seconded.
Meeting ended at 7:45pm.
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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