Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
October 22, 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.
Barry Watson, Kathy Wood, Vincent Palange, Debbie Flanigan
Doug Webster, Code Enforcement Officer Ryan Keith
Excused: Kyle Coolidge
Others present and speaking: William Rowe, Cynthia Rowe
Approval of Minutes
Kathy Wood moved; Debbie Flanigan seconded
Motion to accept the September 24, 2008 Zoning Board of Appeals minutes as written.
3 yes/ 1 abstention (Palange)
Tabled Business
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.
There was a discussion about removing this tabled item. Doug Webster recommended that this be tabled to the November meeting, and, if at that time there is no further information, then the applicants would have to apply again as a new application.
Kathy Wood moved; Debbie Flanigan seconded.
Motion to keep this item as tabled until the November meeting.
4 Yes
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.
This item has been withdrawn.
New Business
William and Cynthia Rowe, 128 Mountain View road, are requesting a 26, 267 sq. ft. reduction of a 80,000 square foot minimum lot size to allow for a construction of a single family dwelling on Mtn. View Road, Map 7, Lot 8G, LD Zone.
William and Cynthia Rowe gave an overview of their request. The parcel in question was considered a buildable lot in the past, but when they came in to apply for a building permit, issues arose. They described the issues and opinions on the lot by past code enforcement officers. They indicated that there have been ongoing issues as a conforming lot. They indicated that they have been paying taxes on a lot that they have been told that is buildable.
Code Enforcement Officer, Ryan Keith gave an overview on the possible shortage of this lot. He indicated that they are looking for 26,267 sq feet reduction.
Cynthia Rowe asked about the differences of front and back lots. Doug Webster indicated that they are the same size. There was a discussion on what amount of square footage is included. Doug Webster gave an overview of the lot standards. Cynthia Rowe believes that the back lots are being held to a higher standard.
Doug Webster indicated that the question is the amount of the variance requested, what amount is being deducted for the access way. He did some research on the lot size and believes that there is some discrepancy and described them. Ryan Keith also indicated that there is some discrepancy.
Cynthia Rowe cited some examples of similar items that have been requested in other communities and the state laws.
Kathy Wood indicated that increase in variance amount requires a public notice which needs to be considered in this discussion. There was a discussion on the lot size acreage on the various surveys and other documents and what past decisions and opinions have been given on like-type cases. Kathy Wood believes it is difficult to calculate the variance amount if they do not have the accurate information on the lot size.
William and Cynthia Rowe expressed concerns that they have spent money on a non-buildable lot, though they were told it was. They expressed frustration at their treatment by past code enforcement officers on this issue.
Kathy Wood asked about tabling this item and gathering other documentation that the Zoning Board of Appeals is not privy to. Doug Webster indicated that there are still questions and lack of information on actual lot sizes. Areas on the tax map don’t add up to the total from the survey of a couple of years ago. He questioned the practicality on past legal action.
Kathy Wood believes that the documentation helps meet #4 of the hardship criteria. Doug Webster stated that as a practical, procedural matter- it is the administrative procedure has not been brought to closure.
Cynthia Rowe stated that the hardship was created by the approval by a past code enforcement officer that this was a buildable lot and then a new code enforcement officer indicates that it is now one lot and no longer considered a buildable lot. She believes it was 2 opposing opinions by past Town employees.
William Rowe indicated that he can provide measurements of Lot E and get that information to the group.
Barry Watson asked whether or not this item should be tabled. Doug Webster indicated that if this item is tabled to next month, the deductions will still need to be calculated.
The Board indicated that they will need square footages of Map 7-8G and L4-17, area of D & E, back and front deductions. There was a discussion on which option presented should be used for the frontage, the options for calculating the 200 foot frontage and the wording of access way, whether or not the frontage is included in the access way, and other issues pertaining to measurements of lots. They extensively reviewed and discussed the various options.
Doug Webster and Ryan Keith reminded the group that this is a frontage question. They also extensively discussed the issue of access way related to the wording “along” or “inside” the access way and the measurement options to arrive at 200 feet. Ryan Keith indicated that the frontage deduction is not included which makes it unclear.
It was determined that they need to get calculations for option C or D. It was concluded that a dimension of 60 by 80 by 60 to create a 200ft frontage.
Kathy Wood moved; Barry Watson seconded
Motion to table the item pending review of materials and accurate calculations as requested by the Zoning Board
4 Yes
Donald Neal, 127-129 North Raymond Road, has filed an appeal of the denial of an entrance permit as established in Section 1.5 of the Gray Street Construction Ordinance, Map 10, Lot 25H.
Barry Watson moved; Kathy Wood seconded
Motion to table the item
4 Yes.
Barry Watson moved; Kathy Wood seconded.
Motion to adjourn
4 Yes
The meeting ended at 8:30pm.
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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