6 Church Street, Gardiner, Maine 04345
 CITY OF GARDINERBOARD OF APPEALS
REGULAR MONTHLY MEETING MINUTES
February 22, 2005
(Postponed from February 2, 2005)
Present: Peter Johnson Michael Eldridge Kendall Holmes
Andrew MacLean Rebecca Malinowski
Absent: Judith Skehan Frank Hillman
Also present: Barbara E. McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Recording Secretary
Brent A. Duvall Alison M. Duvall Jack C. Duvall
Joshua Campbellton Valerie Campbellton Mike Adams
1.) The meeting was called to order at 6:00 PM by Peter Johnson, followed by the Pledge of Allegiance.
2.) Roll call was taken.
3.) Consideration of the Minutes from the January 18, 2005.
Andrew MacLean made a motion to accept the January 18, 2005 minutes. Mike Eldridge seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) Variance
Brent and Alison Duvall request a variance of nine (9) feet from the seventy-five/one hundred (75/100) foot right-of-way/centerline road setback requirement for a new single family dwelling with a six (6) foot farmer’s porch. The property, located at 271 Libby Hill Road, is within the Rural (R) Zoning District, City Tax Map 3, Lot 5.
Chair Johnson read the variance request and asked the Applicant to introduce himself and to give any information he would like the Board to know.
Brent Duvall introduced himself and his wife, Alison. He indicated that they have entered into a contract to purchase the house and were not aware of the violation of the setbacks until two months later. The owner, Mike Adams said it was ok to proceed with this application and they look forward to living in Gardiner.
Mike Eldridge asked if they were going to build a garage. Brent said yes, within the setbacks.
Kendall Holmes asked if the house was just 8” into the setback. Brent said 8” within the setback at the right front corner.
Peter Johnson asked the CEO, Barbara McPheters, if she had seen any information from the former CEO on this. Barbara said no. She had asked the owner, Mike Adams for it, but did not get it.
Josh Campbellton, a neighbor indicated that he hopes it will work out fine. He knows the builder and he has had a lot of problems. He said it will be nice to have neighbors.
Chair Johnson read through the Standards and after each asked if all members were in agreement with each one.
A. All members ok
B. All members ok
C. All members ok
Andy commented that although it may be the result of action by the owner, it may have been on bad advice by the prior CEO.
D. All members ok
Kendall asked if they could move the porch. Barbara said she didn’t know the exact number of feet that would be required because of the type of survey done.
E. All members ok
F. All members ok
Andrew MacLean moved to grant the Variance. Mike Eldridge seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The CEO informed the Duvalls that they would need to file this Variance with the Registry of Deeds in order for it to be valid.
The CEO brought up the issue as to whether the application was filed in a timely manner because of the date of the survey. This is an after-the-fact approval and not the first time this has happened with this owner. She has talked with the owner, Mike Adams a number of times on this and other projects.
Peter Johnson asked that, in the future, Mike Adams operate within the codes and communicate with the CEO. He recommends that they submit this to the City Council for any action they might want to take. We need consistency with standards in the Community for those buying and building.
Mike Adams said he has taken care of one property and has one more that he working with the CEO on. She is inspecting at least once a week. The property on Spring Street has notes in the file that it was previously a duplex. Under the new Ordinance the frontage is 23’ short for a duplex. He tried to change it and the CEO gave him a Stop Work Order.
Peter asked about the permit forms. Barbara said the permit forms are checked and signed when the inspection is done.
Mike said the other CEOs came out and took measurements from the street before he began digging. Peter recommended that Mike keep immaculate notes in the future. Mike says he now keeps notes.
Peter Johnson recommended that the Board of Appeals send a letter to the Council to inform them of this situation that we have heard tonight.
Barbara McPheters, CEO, said that she signs all permits and keeps notes. Kendall said that he feel’s more comfortable. Mike said that compared to the other guys, Barbara is doing an excellent job.
OTHER BUSINESS
Barbara McPheters, CEO, noted that we had included the Planning Board’s Finding of Fact and Conclusions of Law for the Sunspot Tanning Salon. Peter commended Barbara for a great job.
Kendall asked if the business continues to operate. Barbara said she sent the owner a notice and is giving her a few days to absorb this and will then try to meet with her to resolve this issue.
The new meeting night will be the fourth Tuesday of each month. Applications will have to be received twenty-one days in advance of the meeting to give us time to review for completeness and to post the legal notice.
Peter Johnson said that the last time he was sworn in as a Board member was in 1999. The City Charter states that if no action is taken, a member still serves at the pleasure of the Mayor. That is why we had to delay – to determine that. Barbara indicated that as far as we know, we have five active members. One other member is gravely ill and the other member is out on extended sick leave.
Mike Eldridge asked about the Ordinance Review Board. Barbara said plans are on going. There are two members of the Planning Board, two from the Historic Preservation Commission, one per district and other members as the Mayor sees fit. They will be meeting on the first Tuesday of each month. We currently have a list of issues to be reviewed, ex. Contract Zoning, and a lot of work to be done.
5.) Adjourn
Rebecca Malinowski made a motion to adjourn. Mike Eldridge seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 6:33 PM
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