6 Church Street, Gardiner, Maine 04345
 CITY OF GARDINERBOARD OF APPEALS
REGULAR MONTHLY MEETING MINUTES
August 8, 2005
Present: Michael Eldridge, Chairperson Kendall Holmes
Judith Skehan Andrew MacLean Rebecca Malinowski
Harlan Brown
Also present: Barbara E. McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Recording Secretary
Arvah Lyon Ronald Gay Warren Gay
David Gay Crystal Plenderleigh Chad Kirk
Jennifer Johnson
1.) Chair, Mike Eldridge called the meeting to order at 6:10 PM, followed by the Pledge of Allegiance.
2.) Roll call was taken.
3.) Rebecca Malinowski made a motion to accept the June 28, 2005 minutes. Kendall Holmes seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
NEW BUSINESS
Variance
Paul L. Pidgeon and Kathleen Peters-Pidgeon, Trustees of the Paul L. Pidgeon Living Trust and the Kathleen Peters-Pidgeon Living Trust request variances of five (5) feet from the required forty-two (42) foot parking space length and ten (10) feet from the required ten (10) foot parking lot setback for a parking lot expansion for a professional business at 220 Maine Avenue on Map 37 Lot 94 in the Central Business / High Density Residential / Shoreland Overlay (CB/HDR/SO) Districts.
Chair Eldridge introduced Item 4 and indicated that the application was received on time and the Board had also received an amendment. He asked if any member of the Board had any conflict of interest with this application. They said no.
Arvah Lyon, the project engineer for the Applicants, described the proposed project and described existing conditions and parking and the proposed parking and vehicle movement. He indicated that this proposed property was originally the applicant’s and with this, it would merge back into their lot. He doesn’t want to excavate into the hill because it would cause it to become unstable. They plan to remove the existing drain and replace it with a catch basin. This plan will add 19 spaces and still be several hundred feet from the Rite Aid property.
6:38 PM Open the meeting for public comment. No comment.
6:38 PM Close meeting for public comment.
Ken Holmes made a motion that the applicant has met the four criteria for the Board to grant the reduction of the setback regulations. Andrew MacLean seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Mike Eldridge – It does meet the four criteria. The land currently is of no benefit, why not let the applicant use it. The City will benefit.
Andrew MacLean – He agrees that all four criteria are easily met. He placed the most emphasis on number one – the land cannot yield a reasonable return unless a variance is granted.
Kendall Holmes – He agrees with the others. The applicants thought through the screening – good work.
Rebecca Malinowski – All four criteria have been met.
Judy Skehan – All four criteria have been met. It will enhance the property.
Harlan Brown – The State has been involved and it all looks ok.
Arvah Lyon described the proposed parking lots. He indicated that the new proposed spaces are where the employees would park. Board members discussed the reduction in the width of the parking lot.
Andrew MacLean made a motion that we grant the requested variance. It has met all four criteria and he places emphasis on the second standard – the need is due to the unique circumstances of the property and not the general conditions in the neighborhood. Kendall Holmes seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Mike Eldridge – It makes sense – good engineering.
Rebecca Malinowski – It meets all four criteria
Judy Skehan – Meets all four criteria
Harlan Brown – Would work.
Ken Holmes – Agree with Andrew with emphasis on number two. It is a steep slope.
Barbara McPheters reminded the applicant that the variance needs to be filed with the State.
Variance
5.) Chad Kirk and Crystal Plenderleith request a variance of fifteen (15) feet from the required fifty (50) foot centerline setback for an addition to a single-family dwelling at 155 High Holborn Street on Map 28 Lot 36 in the High Density Residential (HDR) District.
Chair Eldridge read Item 5 and asked if any member felt there was a conflict of interest. None did.
Crystal Plenderleith described the proposed project. They would like to put an addition on their existing cape, which is 35’ from the center line of the road. They cannot put the addition further back because there is ledge and a steep drop. The addition would raise the market value of the property by $50,000.
Rebecca asked if the side setback would meet the standards. Crystal said yes, 12’. Kendall asked what would be the problem if you moved back 15’. Crystal said the roofline and the land drops off.
7:06 PM Open meeting for public comment. No comment.
7:06 PM Close meeting for public comment.
Andrew MacLean moved to grant the variance. Criteria A – unique circumstances, it meets this standard. B. The market value – he agrees it would raise the market value of this and abutting properties. C. It’s an old house. D. Is satisfied – while it is possible to put an addition on the back, it is not practical. It makes sense for a uniform look. It’s not unreasonable. Rebecca Malinowski seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Mike Eldridge – It makes sense. The house has been there a long time.
Rebecca Malinowski – Meets all six criteria.
Judy Skehan – It meets all six criteria
Harlan Brown – It meets all six criteria and he is comfortable with this.
Kendall Holmes – It meets all six criteria.
Variance
6.) Warren R. Gay requests variances of twenty (20) feet from the required thirty (30) foot side setback, fifty-one (51) feet from the required two hundred (200) foot frontage and eight hundred fifty (850) square feet from the required one hundred twenty thousand (120,000) square foot density for two single family dwelling at 1055 River Road on Map 10 Lot 5 in the Rural (R) District.
Chair Eldridge introduced Item 6 and indicated that the application was received on time and asked if the abutters had all been notified. Dorothy indicated that they had. He asked the Board members if any one had any conflict of interest with this application. Harlan Brown indicated that he is a neighbor, but it wouldn’t interfere with his voting.
Mr. Gay indicated that everything he is asking for is already there. He went through this process 25 years ago. He would like to replace the existing mobile home with one of similar size. He would put it on a pad and move the existing mobile home out back and use for storage. It would be a straight up replacement.
Kendall asked why the Board was hearing this application. Barbara said she could find nothing in the file to show a variance was granted. She found a log from 1979 where a mobile home permit was issued, but there was no evidence of a variance issued. Also, the mobile home has not been used as a residence for some time. Ron Gay said it had been occupied until recently – a year or so ago.
Ron said he would move the existing mobile home to within 10’ of his uncle’s property and use it for storage. Barbara indicated that he would have to remove the kitchen, etc. and use it just for storage or a workshop.
Harlan asked if there were any regulations about the number of buildings on a property? Barbara said that there is, but this proposal is well within the lot coverage requirement. Harlan asked – there is no paperwork, so that is why we’re considering this? Barbara said yes.
7:30 PM Open meeting for public comment. No comment.
7:30 PM Close meeting for public comment.
Harlan asked if removing the bathroom and kitchen should be added into the record. Barbara said that Mr. Gay would need to get a permit to move the mobile home and it wouldn’t be issued until the kitchen is removed. Mr. Gay said they would have electricity only.
Rebecca Malinowski made a motion that we grant the variance. Harlan Brown seconded the motion.
Vote: 6 in favor. 0 opposed. Motion granted.
Mike Eldridge said it makes sense. It will be replaced in kind. He sees no problem and no one is in opposition.
Andrew MacLean – He places emphasis on B – the market value – a positive effect. E & F are not relevant. A, C & D he is satisfied with the replacement.
Kendall Holmes – It has the potential to improve to property and feels it would be a good thing when it is cleaned up and done.
Rebecca Malinowski – It meets all 6 criteria
Judy Skehan – She agrees.
Harlan Brown – Replacing it is fine.
Ron Gay asked if he could get a permit to relocate the old one. Barbara said yes.
OTHER BUSINESS
Barbara indicated that the City is looking at sending packets and other information via email in the future and if anyone has an email address or any other changes in information to give us, we would appreciate it.
Barbara also mentioned that there is training for members coming up. The notice was sent in their current packet. The City will pay for the registration fees.
Chair Eldridge welcomed Harlan to the Board.
Chair Eldridge asked about going to the site to look at the applicants’ properties. Barbara explained the process. One on one not a problem. Several members at one time, we would have to advertise and set up a site walk. She explained the new procedures, by office policy that extends the submission date to 21 days prior to the meeting to allow time for advertising and for the CEO to prepare background information on the property for the Board members.
7.) Adjourn
Kendall Holmes moved to adjourn. Rebecca Malinowski seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Meeting adjourned at 7:47 PM
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