Town of Gray
Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
October 28, 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.
Vincent Palange, Kathy Wood, Debbie Flanigan,
Doug Webster
Absent: Barry Watson
Others present and speaking: Alan Wolf, Michael Tompkins
Approval of Minutes
July 22, 2009 Minutes
Debbie Flanigan moved; Vincent Palange seconded
Motion to accept the minutes as written.
3 Yes
Kathy Wood stated that there is a request to move the November ZBA meeting to November 18th. Doug Webster stated that the applicants need to know in advance when the next meeting is which is the reason that the request is being made.
Debbie Flanigan moved; Vincent Palange seconded
Motion to move the November Zoning Board of Appeals meeting to November 18th due to the Thanksgiving Holiday
3 Yes
New Business
Michael and DeeDee Tompkins, 30 Presidential Drive (Map 25, Lot 41A-14), RRA Zone are requesting a 17 foot reduction of a sideline setback and a 11 foot reduction of rear setback to bring the 2005 addition of an 18’ x 36’ in-ground swimming pool, patio and 12’ x 12’ shed into compliance.
Kathy Wood stated that she has done work for other abutters in the area and ask the Board if she should recuse herself. No one had any issues with Kathy’s participation in the discussion.
Debbie Flanigan moved; Vincent Palange seconded
Motion to allow Kathy Wood to participate as a Zoning Board of Appeals member for this item.
3 Yes
Alan Wolf gave an overview of the process Michael Tompkins took to be certain that the setbacks were appropriate to install this pool. As their neighbor requested pins it appears that the pool and the pool house are not within the setbacks. Alan Wolf described the practical difficulty request variance and has had a conversation with the Town CEO, Ryan Keith. He also stated that both of the neighbors who are affected by the proposed variance and are in agreement and have no issues. He also stated that his client has done all the necessary work and had the pool installed properly and that a pin is no longer there. He cited a map that the CEO has suggested a land (deed) swap. He stated that this would require a return to the Planning Board, the properties have to be surveyed etc. If
this were to go through this process then mortgage work needs to be done for a deed swap. He stated that this is not an easy process as there are many mortgage companies involved. Plus, it is unknown if any of these constituencies would approve this suggestion. He stated that while it is an alterative, it is not a feasible one. He believes that granting the variance is the better alternative as it does not adversely affect the surrounding properties and area.
Debbie Flanigan asked if the pin that was replaced was at the original location based on the original subdivision. Kathy Wood stated that Wayne Wood put the pin in the original location.
Vincent Palange asked Michael Tompkins if the back pin was there at the time the pool was installed. The pin has always been there, but was placed in error. Wayne Wood could not locate the original pin.
Doug Webster stated that the paperwork doesn’t appear to have a written document on the practical difficulty request. Kathy Wood stated that it is included. He suggested that in the future there the written submissions be clearer.
Debbie Flanigan moved; Vincent Palange seconded.
We, the Gray Zoning Board of Appeals hereby grants to: Michael and DeeDee Tompkins, 30 Presidential Drive (Map 25, Lot 41A-14), RRA Zone are requesting a 17 foot reduction of a sideline setback and a 11 foot reduction of rear setback to bring the 2005 addition of an 18’ x 36’ in-ground swimming pool, patio and 12’ x 12’ shed into compliance.
3 Yes
Doug Webster asked about the timing of the December meeting. The Board suggested moving the December 23rd meeting to December 16th. The cut off date for applications would be November 25th.
Debbie Flanigan moved; Vincent Palange seconded
Motion to move the December meeting from December 23 to the December 16.
3 Yes
Debbie Flanigan moved; Vincent Palange seconded.
Motion to Adjourn
3 yes
The meeting ended at 7:30pm
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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