Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
December 17, 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.
Vincent Palange, Kathy Wood, Kyle Coolidge
Doug Webster, Code Enforcement Officer Ryan Keith
Excused: Barry Watson, Debbie Flanigan
Kathy Wood publicly stated that she has done work for both the Rowe’s and Donald Neal in the past and asked if the participants and the Board believes that she should recuse herself.
The participants and Board did not object
Approval of Minutes
October 22, 2008
Vincent Palange moved; Kyle Coolidge seconed.
Motion to accept the October 22, 2008 minutes as written.
3 yes
Tabled Business- NONE
New Business
William and Cynthia Rowe, 193 (+/-) Mountain View road, are requesting a 28,800 sq. ft. reduction of a 80,000 square foot minimum lot size to allow for the construction of a single family dwelling on Mtn. View Road, Map 7, Lot 8G, LD Zone.
William Rowe stated that he has provided documents and that he used the same surveyor to assess this configuration. Kathy Wood stated that there was some concerns of the previously dug lot size and asked if it has been resolved.
Kathy Wood read a letter from James Hall opposing this request for public record. Kathy Wood explained the procedures for the decision making process.
Kyle Coolidge asked when the lot was purchased. William Rowe explained that it was a considered a buildable lot by a previous code enforcement officer. He stated that in retrospect he should have put this verification in writing.
Doug Webster gave an overview of a diagram the Board reviewed of the purchase and stated that as found on the diagram Lot A was originally purchased and then Lot B was purchased in the same name and became a contigious lot and became one lot (Lot C). They sold Lot D with the house. There was a newly created Lot E but did not have sufficient frontage. He also explained the steps they have taken with the back lot provision to meet the criteria.
Kathy Wood stated that this request meets the first variance criteria as the property is not saleable without the variance. There was a discussion on the past purchase and permit steps that has brought them here.
Second criteria: Condition for a variance is due to a unique circumstance and not due to the neighborhood. The Board agreed.
Third criteria: Granting the variance will not alter the essential character of the locality. The Board agreed.
Fourth criteria: Hardship not due to action by the appellant or previous owner. Kyle Coolidge stated that the appellant had based their actions on the information from a previous code enforcement officer. Kathy Wood believes that it’s nearly impossible to meet criteria four. Doug Webster asks whether or not a verbal decision is acceptable. He also commented on past actions around this.
Cynthia Rowe believes if they had been given the correct information they would have done things differently. Kyle Coolidge indicated that it is the appellants’ obligation to understand their responsibilities.
There was a discussion on when past actions occurred. William and Cynthia Rowe stated that the discussions occurred when the question of paying more for more land to have a buildable lot.
Kathy Wood indicated that they may have received poor advice. Vincent Palange stated that the circumstances were unfortunate.
Vincent Palange moved; Kathy Wood seconded.
We the Gray Zoning Board of Appeals hereby grants to: William and Cynthia Rowe, 193 (+/-) Mountain View road, are requesting a 28,800 sq. ft. reduction of a 80,000 square foot minimum lot size to allow for the construction of a single family dwelling on Mtn. View Road, Map 7, Lot 8G, LD Zone.
3 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.
Donald Neal stated that the property used to belong to his parents and he broke up the land. He indicated that he assumed he had enough site distance and still believes he does. At present he has 14 acres that he has no access to. He indicated that the surveyor has stated that he is short 17 feet.
Doug Webster gave an overview of this issue as part of the Street Construction Ordinance. Doug Webster read the denial and the reasoning behind the denial as stated in the Street Construction Ordinance.
Donald Neal stated that in his own review several driveways do not have site distances and do not meet the criteria. He does not believe that one more driveway will create more problems.
Kathy Wood read an email to Doug Webster from Lee Staples, 131 North Raymond Road expressing his concerns on this issue.
Donald Neal stated that he believes that speed is the issue and that there never have been accidents. Doug Webster stated that the 17 feet shortage does not take into account the 10 feet requirements and that the surveyor measured the grade differently.
There was a discussion on the change in site distance and how Doug Webster, the surveyor and Donald Neal determined the measurement and what figure they arrived at. Doug Webster discussed the elevation and grade change. Kathy Wood stated that there needs to be clear understanding as to whether or not it is 17 feet or 57 feet. There was a discussion on the accuracy of the range.
Donald Neal stated that this whole process is has been taking a year to get to this point and that he has a piece of property that he cannot access and that this process has taken very long.
Kathy Wood asked if Donald Neal could make improvements to meet the criteria for an entrance. There was a discussion on whether or not there are other alternatives for him to pursue and the options.
Kyle Coolidge moved; Vincent Palange seconded.
We the Zoning Board of Appeals hereby grant to: Donald Neal 127-129 North Raymond Road 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.
1 Yes / 2 No (Coolidge/Wood)
Donald Neal asked what his options are to get approval.
Kyle Coolidge moved; Vincent Palange seconded
Motion to adjourn
3 Yes
The meeting ended at 7:55pm
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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