Zoning Board of Appeals
Minutes
The Board of Appeals for the Town of Gray will meet on
July 28, 2010 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, Barry Watson, Debbie Flanigan, Kathy Wood
Doug Webster, Ryan Keith
Others present and speaking: John Palimeter, Joan Joy
First Order of Business
Election of Officers for Upcoming Year
Kathy Wood nominated Barry Watson as chair, Debbie Flanigan seconded.
3 Yes
Barry Watson nominated Kathy Wood as vice chair, Debbie Flanigan seconded
3 Yes
Approval of Minutes
Minutes of October 28, 2009
Vincent Palange moved; Kathy Wood seconded
Motion to accept the October 28, 2009 minutes as written.
4 Yes
Tabled Items
New Business Variance Requests
Susan Joy, 83 Lake Avenue, (Map L03, Lot 20, LR Zone) is requesting a 16.35’ reduction of the 25’ road side setback in order to add a 6’ x 20’ garage addition on her property at 83 Lake Avenue, placing the addition 8.65’ off the Road side property line.
John Palimeter is representing Susan Joy and gave an overview of the proposal. One of the abutters is her mother and this request would accommodate her mother’s needs as she will be moving in with Susan shortly.
Barry Watson stated that he would deny this request as there is a new state law, and, with counsel discussion, on limiting variances. He indicated that she should apply to speak with the Town Council to see if they can facilitate this. He also stated that that if the State should disapprove of the Zoning Board of Appeals approval, the building could be required to be torn down.
Vincent Palange on the state laws and the 4 established criteria.
John Palimiter stated that with these criteria, no application could meet them and no variances could be given.
Ryan Keith stated that the set-back has been increased and should the Council change the ordinance may be the only way to possibly move this along.
Doug Webster stated that only in Shoreland Zoning, for a hardship criteria, could the Zoning Board grant this request.
Barry Watson gave an explanation of the first criteria (“reasonable return”) and that the applicant cannot meet this.
Vincent Palange stated that the Board’s hands are tied at this point and encourages John Palimeter to see the Town about changing the ordinance.
Doug Webster stated that in the Board workshop, the State’s overturning prospect is only for the Shoreland Zone, only the 4 part hardship criteria can be applied. This is not one of these cases and that the State could not overturn this request.
Kathy Wood asked for a definition for “reasonable return”.
John Palimeter stated that the purpose of the ordinance is to protect the lake and that this applicant is beyond the set-back and would not impact the lake.
Kathy Wood asked for clarification of “roadway.” Keith Ryan stated that it is a right-of-way. He stated that the only other property line in this case is the shore front. There was a discussion on the appropriate wording in the ordinance vis-a-vis the definition of roadway, right of way line, edge of pavement etc. Doug Webster stated that the wording has been changed in an attempt to clarify these issues when the Shoreland Zoning Ordinance was changed.
Joan Joy stated that the reason for this request is that she will be moving in with her daughter and the existing garage is not large enough. As she is 84 years old, it would be a hardship to have a car outside. The existing garage only requires a few feet.
Kathy Wood moved; Debbie Flanigan seconded.
We, the Gray Zoning Board of Appeals hereby grants to expand the application of the Fund to include maintenance, and improvement of the proposed recreational property.
O Yes/ 4 No (Watson, Palange, Flanigan, Wood)
Barry Watson stated that he understands the situation but with the criteria established, their hands are tied and encourages them to speak with the Town.
Debbie Flanigan moved; Kathy Wood seconded
Motion to adjourn
4 Yes
The meeting ended at 7:20pm
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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