Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
September 24, 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 April 20, 2004.
Present: Barry Watson, Kathy Wood, Debbie Flanigan, Kyle Coolidge
Excused: Vincent Palange.
Code Enforcement Officer Doug Webster
Others present and speaking: John Palmiter, Ed Richter
Approval of Minutes
June 25, 2008 Minutes
Kathy Wood Moved; Barry Watson seconded
Motion to accept the June 25, 2008 Zoning Board minutes as written.
3 yes/1 Abstention (Flanigan)
Tabled Business
Kathy Wood Moved; Debbie Flanigan seconded
Motion to table the variance for another month
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.
4 Yes
New Business
Robert A. & Joan Joy, represented by John Palmiter, PLS, 85 Lake Avenue, Gray, Maine, Tax Map L03, Lot 28, Limited Residential Zone filed an Administrative Appeal of the position of the Code Enforcement Office regarding a 50’ road setback.
John Palmiter, land surveyor representing Robert A. & Joan Joy, described the property
He believes that the property meets the Shoreland Zoning and the front line should be 10 feet and not 50 feet. The front line is the lake and not the road, therefore follows these guidelines. He read a letter from Sue Joy on her comments on the interpretation of the zoning. The letter was presented to the Zoning Board. He also read another letter from Joan Joy as well as an email from William Dale on this issue and his view on the interpretation. The Board received a copy of this email as well. He also read a letter from Lewis Holman of Holman & Howard, attorney for the Joys stating his interpretation on this zoning issue. John Pamiter indicated that this could impact the zoning on hundreds of properties at the lakes in the community and would adversely affect them.
Barry Watson asked Doug Webster when this change occurred in the Zoning. John Palmiter believes that it went into effect approximately in January of 1993. There was a discussion on whether or not other variances like this one have come before the Board.
Kathy Wood read a section in the ordinance, and cited a sentence in the regular zoning using the word “ordinarily” while that word does not appear in the Shoreland Zoning. There was a discussion on whether or not the road is the front as applied to this request and the wording of the zoning.
Doug Webster indicated that there is no definition of front or rear (clarifying what is “front” and what is “rear”).
Kyle Coolidge commented on the 100 foot setback wording. Doug Webster stated that this is the first time there has been an application on point to this issue.
Doug Webster stated that there would not be any concerns on the part of the State.
Kyle Coolidge asked whether or not this sets precedence for future requests. Kathy Wood asked the applicants how many houses they can see from these setbacks.
John Palmiter indicated that many of them are less than 50 feet.
There was a discussion on the possible variance requests in the future if there were new owners for example, and whether or not the lot is buildable and that past history has created this issue.
Doug Webster stated that he would like to see the set-back numbers be changed in the future, but at present, his responsibility is to apply the zoning.
Barry Watson asked about the set-backs on other properties. Doug Webster stated that many of them are less than 50 feet.
John Palmiter stated that this will affect many properties on all 4 lakes and their decision will have long term ramifications.
Barry Watson indicated that perhaps they should have applied for a variance and that they should not overrule Doug Webster. John Palmiter indicated that documentation presented indicates that Doug Webster has not interpreted correctly.
Kathy Wood commented on a past request of a year ago that is similar and that the variance was granted. Doug Webster commented on a recent request and how that interpretation was applied.
Doug Webster commented that Shoreland Zoning needs to be changed by next year. Kathy Wood commented that should the Board not allow this, is it a defensible position?
Ed Richter stated that Public Works has indicated that they will not be able to plow that road this winter without this change. He indicated that the 3 abutters are 50-75 feet. He believes that allowing this would be helpful to the plowing issue.
Kyle Coolidge asked whether a 20ft distance can be applied. Kathy Wood stated that it is not, since this is not a request for a variance.
Barry Watson would like to assist the landowner if possible and that many of these rules are made by people who do not live on the lakes.
Kyle Coolidge has concerns about this decision because of the plowing issue.
Kathy Wood moved; Barry Watson seconded.
We, the Zoning Board of Appeals hereby overturn the opinion of the Code Enforcement Officer with regards to Robert A. & Joan Joy, represented by John Palmiter, PLS, 85 Lake Avenue, Gray, Maine, Tax Map L03, Lot 28, Limited Residential Zone who filed an Administrative Appeal of the position of the Code Enforcement Office regarding a 50’ road setback.
4 Yes
Kyle Coolidge moved; Kathy Wood seconded.
Motion to table the request of Richard and Deborah Hanson
Richard and Deborah Hanson, represented by Victor Tordella, 184 Birchwood Road, Gray, Maine, Map L06, Lot 52, Limited Residential Zone are requesting two variances; (1) a 28 foot reduction of a 50 foot road setback for a 575 sq. ft. second floor addition on the existing footprint and (2) a 31 foot reduction further into a 50 foot road setback for a second floor expansion.
4 Yes
Motion to Adjourn
The meeting ended at 7:52pm
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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