Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
June 25, 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, Kathy Wood, Kyle Coolidge
Code Enforcement Officer Doug Webster
Barry Watson made the announcement that the meeting began at 7:03 pm and was not televised.
Approval of Minutes
May 28, 2008 Minutes
Kathy Wood moved; Barry Watson seconded.
Motion to accept the May 28, 2008 Zoning Board of Appeals minutes as written
3 Yes
Tabled Business
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.
Kathy Wood moved; Kyle Coolidge seconded.
Motion to remove the request by John and Sue Meade.
3 Yes
New Business
Pamela Barker, 30 Loon Lane, Gray, Maine (Tax Map L06, Lot 7) located in a Limited Residential District, is requesting a 21 foot reduction of a 50 foot road setback to allow the construction of 650 square feet on the second floor
Kyle Coolidge moved; Barry Watson seconded
We, the Zoning Board of Appeals hereby grants to: Pamela Barker, 30 Loon Lane, Gray, Maine (Tax Map L06, Lot 7) located in a Limited Residential District, a 21 foot reduction of a 50 foot road setback to allow the construction of 650 square feet on the second floor.
Pamela Barker requests a variance to add a second floor on a building on Sebago Lake. The existing building would be taken down and the new building with a second floor.
There would be an increase in the square footage on the road setback.
Doug Webster indicated that due to Shoreland Zoning, this request would need to come before the Zoning Board of Appeals. He indicated that there is an existing plan that the Board has a copy.
3 Yes
Anthony and Heather Winslow are requesting a variance from Section 402.15.1 subsection D, of the Gray Zoning Ordinance to allow more than 660 square feet of living space in an Accessory Apartment on property owned by Donald & Constance Bickford, 40 May Meadow Drive, Gray, Maine (Tax Map 10, Lot 10-79) located in a Lake District.
Anthony and Heather Winslow would like to have his mother-in-law in an in-law apartment. He explained the problems with the property they are interested purchasing. He would like to have his mother in-law be able to have a stove and have it designated as an in-law apartment. He indicated that the neighborhood would welcome them and this arrangement. The previous owners were denied this, but built this anyway and request a variance to become an accessory apartment that already exists.
Doug Webster indicated that at the time of the consent agreement that the removal of the stove was acceptable
Anthony Winslow commented that members of the homeowner’s association only want single family homes and it doesn’t mention a single family with an accessory apartment.
Kathy Wood believes that this request is outside their authority given that there is a consent agreement and they have no authority on the May Meadow covenant. Even if they gave the variance, it would be void by the consent agreement. Doug and Kathy stated that it would likely have to meet with the Town Manager and Town Council
Doug commented that this process seems to be 4-fold. 1. There would need an adjustment to consent agreement. 2. Zoning Board would grant the variance for the extra square footage. 3. May Meadow Association By-Laws. 4. Planning Board can only approve the accessory apartment and change the covenant.
Heather Winslow asked for suggestions on a resolution. Kyle suggests that this item be tabled so they do not need to re-apply.
Doug reviewed a packet giving an historical overview of the past process. He asked if Article 1, 1 of the covenants and declarations is something that the Town has a say in this. There are many layers to this issue. Barry believes that there needs to be an adjustment to the consent agreement and then the rest of the process should move along. He stated that if they consent agreement can be changed and they appear again before this board that the application fee be waived. Kathy Wood seconded.
There was a discussion on the definition of accessory apartment. Anthony Winslow asked if an accessory apartment in a single family home is considered a multi family home. Doug commented that there are variables to this and gave an overview.
There was a discussion about denying this request. Kyle asked what other variances do they need to make this an accessory apartment. Doug indicated that there were no other violations.
Kyle suggests tabling this issue. Doug also suggested that there may be administrative appeal and explained what the outcomes could be. Barry reiterated waiving the fee and ask the Town Manager to waive the fee. Doug suggested that a motion be made to include this. He also commented that the Town may incur legal fees.
Barry Watson moved; Kyle Coolidge seconded
Motion to table the Anthony and Healther Winslow application and request a waiver of the application fee from the Town.
3 Yes
Anthony and Heather Winslow are requesting a variance from Section 402.15.1 subsection D, of the Gray Zoning Ordinance to allow more than 660 square feet of living space in an Accessory Apartment on property owned by Donald & Constance Bickford, 40 May Meadow Drive, Gray, Maine (Tax Map 10, Lot 10-79) located in a Lake District.
Motion to adjourn
3 Yes
The meeting ended at 7:50pm
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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