Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
June 24, 2009
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.
Kathy Wood, Vincent Palange, Debbie Flanigan, Barry Watson
Doug Webster, Code Enforcement Officer Ryan Keith, Town Attorney Bill Dale
Excused: Kyle Coolidge
Others present and speaking: Wayne Wood, Paul White, Stephen Roman
Approval of Minutes
December 17, 2008
Kathy Wood moved; Vincent Palange seconded.
Motion to accept the Dec. 17, 2008 minutes as written
3 Yes/ 1 Abstention (Flanigan)
New Business
May Meadow Builders, Inc. represented by Michael G. Cobb, 21 (+/-) Colley Hill Road, has filed an administrative appeal of the Code Enforcement Officers decision regarding utilizing the Back lot Access Easement provision in the Zoning Ordinance (presently Section 402.7.5, formerly 402.11) to meet applicable zoning standards. Tax Map 25, Lot 40-C in a Wellhead -2 District.
Kathy Wood indicated tot the Board that she should be recused as the applicant is a client and she has a strong position and has decided on what the outcome should be on this topic. The Board agreed that she could not participate in the discussion, nor vote on this application.
Barry Watson commented on the number of members present and the need for sufficient number of people to vote. Doug Webster stated that the applicant was given the option to postpone this topic but chose to proceed.
Wayne Wood stated that these lots were created a few years ago under the previous ordinance and that these lots meet the requirements of the ordinance at the time they were made. (402.11 of the previous ordinance cited.) He asked for clarification.
Bill Dale asked about the lot sizes as described in the schematic. Wayne Wood stated that the dimensions are from the tax map but that these lots are the same size (4.0 acres). He asked if the clarification was given to them in writing by the CEO at that time. Wayne Wood said no.
Paul White, former code enforcement office for the Town, stated that there were numerous conversations on the back lot access ways. He stated that he believed that there was nothing in the ordinance at that time to impact the back lot access. He stated that the legal split of the lots and access way was appropriately done. He cited parts of the letter that he wrote outlining his decision. He also cited parts of Ryan Keith’s letter on the mater and stated that he reviewed the survey taken by Wayne Wood that states they are 4 acre lots and believes that the size is correct. He stated that there was no provision in the ordinance that prohibits this. He believes it is a legally non-conforming lot. He stated that he is here to assist to the Board to understand what happened at the
time that this was done. He believes new provisions to the current ordinance are much clearer.
Barry Watson discussed the size of lots and that the 60ft should be included in the 200ft size and believes this lot should be permitted to be built upon.
Bill Dale stated that in 2005 he wrote an opinion on this issue. He read his letter. He believes that the ordinance at that time was not clear but that the ordinance at that time didn’t permit “double-dipping” on the acceptable sizes. He believes that the general rule in Maine states that a CEO’s opinion should be in writing.
Paul White stated that he did submit this in writing. He stated that the Board’s responsibility is to see if a request is clearly in the ordinance.
Barry Watson asked Bill Dale for clarification as to why he believes this is “double-dipping” on sizes. Bill Dale gave an overview using a schematic. The “computation” language written in the ordinance at that time (2006) in his opinion does not permit this and it is up to the Board to interpret the ordinance as written at that time. In a previous Superior Court case, this was not permissible.
Barry Watson stated that if the 60 ft was not permitted, there would still remain 215ft which would make this lot size acceptable.
Ryan Keith stated that this issue could potentially come up several more times and the Board’s decision will impact his future decisions as they arise.
Barry Watson believes that the easement is required to be able to build on the lots. Ryan Keith stated that the area is potentially going to be used to access the back lot and that in the future the back lot could take that access way for its own.
Wayne Wood stated that the front lot owner can use this access way and it is usable in a variety of ways. He stated that while there are limitations, he questions the accuracy of the “double-dipping” discussion. The wording that Bill Dale previously discussed is found under back lot section of the ordinance and not in the front lot section.
Vincent Palange believes that the wording at the time was vague and agrees with Paul White’s comment that when in doubt decide, in favor of the property owner.
Paul White cited chapter of the Zoning Board’s Code Interpretation to clarify his position. As long as it meets the acceptable setbacks and is legally non-conforming lot, they should be buildable.
Barry Watson stated that he would approve that this be allowed as proposed and even with removing the 60ft access still meets the acceptable sizes.
Barry Watson moved; Vincent Palange seconded
We the Gray Zoning Board of Appeals hereby grants to May Meadow Builders, Inc. represented by Michael G. Cobb, 21 (+/-) Colley Hill Road, an administrative appeal of the Code Enforcement Officers decision regarding utilizing the Back lot Access Easement provision in the Zoning Ordinance (presently Section 402.7.5, formerly 402.11) to meet applicable zoning standards. Tax Map 25, Lot 40-C in a Wellhead -2 District.
3 Yes/ 1 Abstention (Wood)
Stephen W. & Bonita K. Johnson, 166 North Raymond Road, have filed an administrative appeal of the Code Enforcement Officers decision regarding utilizing the Back lot Access Easement provision in the Zoning Ordinance (Section 402.7.5) to meet applicable zoning standards. Tax Map 5, Lot 19-F in a Lake District.
Kathy Wood stated that the applicant is a client and asked the committee if she should be recused. Barry asked if she can vote objectively on this application. Kathy said yes.
Wayne Wood gave an overview of a packet submitted outlining a schematic. He stated that they are seeking clarification on the zoning. He stated that the applicant is looking into having an easement with a back entrance.
He asked about the front lot line as in the schematic. Its placement makes it a back lot access. He stated that every line is at least 200ft. of frontage
CEO Ryan Keith stated that the easement, he believes, that in this case, as shown, the 200ft frontage on North Raymond Road is inline with the zoning standards (Schematic 6A). One of the questions at hand: As the plan is shown, the access is steep in grade. He asked if this was the actual access is recorded are they required to use that.
Bill Dale provided some clarification on this issue. He advised that the actual access way in the ordinance must be reasonably usable to meet the ordinance standards but if another available access way is possible that may exist as well. Wayne Wood stated that this proposed access way is usable.
Kathy Wood discussed the acceptable frontage but the side lot lines while they exceed the 200ft requirements are not parallel as required by the ordinance. (Section 402.7.5 c 2 was cited.).
Bill Dale believes that as presented, this lot is acceptable.
Kathy Wood moved; Barry Watson seconded.
We the Gray Zoning Board of Appeals hereby grants to Stephen W. & Bonita K. Johnson, 166 North Raymond Road, an administrative appeal of the Code Enforcement Officers decision regarding utilizing the Back lot Access Easement provision in the Zoning Ordinance (Section 402.7.5) to meet applicable zoning standards. Tax Map 5, Lot 19-F in a Lake District.
4 Yes
Steven M. & Betsy L. Roman, 15 Swett Drive, have requested a variance to allow a four foot reduction of a ten foot sideline setback for the construction of a second bedroom. Tax Map L10, Lot 43 is located in a Limited Residential Shore land District.
Kathy Wood, again asked the committee about recusing herself as the applicant is a client. There were no objections.
The committee voted: 3 yes/ 1 Abstention (Wood) to permit Kathy Wood to vote on this application.
Steven Roman stated that the request is for a variance for an addition for a family member. Barry Watson asked if more than one room is being added. Steven stated that room #2 as described in the application is the area of the project that requires the variance. Steve Roman stated that there would not be any obstructions to the view for their neighbors. He stated that changes in the code and the placement from the septic requires the variance.
Debbie Flanigan moved; Vincent Palange seconded.
We the Gray Zoning Board of Appeals hereby grants to Steven M. & Betsy L. Roman, 15 Swett Drive, a variance to allow a four foot reduction of a ten foot sideline setback for the construction of a second bedroom. Tax Map L10, Lot 43 is located in a Limited Residential Shore land District.
4 Yes
Adjournment
Barry Watson moved; Vincent Palange seconded
Motion to Adjourn
4 Yes
The meeting ended at 8:10pm
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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