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Board of Appeals Minutes 2009-01-27
6 Church Street, Gardiner, Maine 04345
{00030026-0000-0000-C000-000000000046}4152010_21953_0.png       CITY OF GARDINER

Tuesday, January 27, 2009

Present:                Michael Eldridge, Chair                 Charlene Kinnelly               
        John Burgess                    Harlan Brown
Absent:         Daniel Bates    

Also present:           Lori Jewell, Acting Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
                        Bradley S. Corson Sr.    Leona Eshelman  Wilbur Eshelman
Paul Pottle

  • Call Meeting to order, followed by the Pledge of Allegiance
Chair, Michael Eldridge called the meeting to order at 6:00pm.

  • Roll Call
Chair Eldridge and the Board members introduced themselves as well as members of the public.

Chair Eldridge explained the role of the Board of Appeals.

  • Consideration of Minutes from the November 25, 2008 meeting
John Burgess made a motion to approve the minute. Charlene Kinnelly seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Eldridge asked if there were any conflicts of interest amongst those present.  All on the Board said no.

4.)     Dimensional Variance
Wilbur & Leona Eshelman, Applicants are seeking the following variances: a twenty foot (20’) variance from a thirty foot (30’) Side Set Back requirement (both sides) and a forty-five foot (45’) variance from a seventy-five foot (75’) Road Set Back requirement to place a new, larger mobile home on property.  The property, located at 169 Libby Hill Rd, is within the Rural (R) Zoning District, City Tax Map 8, Lot 1.

Michael Eldridge explained the dimensional variance up for discussion.  The variance calls for a 20 foot variance from a thirty foot side set back requirement on both sides and a forty five foot variance from a seventy five foot road set back requirement to place a new, larger mobile home on the property.  The property, located at 169 Libby Hill Road is within the Rural Zoning District, City Tax Map 8, Lot 1.  Michael Eldridge addressed David Cichowski and asked if the application had been signed and the title on the property was clear.  Dave said that everything is in order and all fees have been paid.  Michael went back over the Variance that the Eshelmans are looking for.  He then asked the board if they concur with the application.  The board members were satisfied.

Michael Eldridge then asked Paul Pottle to explain what will be done.  He said that the Eshelmans will be receiving a new home through MSHA as a gift.  The Eshlemans believe that they own more land.  Paul Pottle said that the description of the land has some discrepancies, and until they are resolved they will not be able to move the mobile home on the lot.  This is why they are asking for the variance.  Paul also mentioned that this would be an improvement to the community.  Michael Eldridge then asked David Cichowski about the discrepancy on the Deed compared to the Tax Maps.  David then explained the discrepancy.  He said that the Deed and the dimensions don’t match.  Michael Eldridge then asked Paul Pottle about the layout of the mobile home.  He asked if the home could be place on the lot in a different way.  Paul Pottle said no.  Harlan Brown asked Paul Pottle about the septic system.  He asked if the system complies with the new home. Paul said that it does.  David Cichowski said that the septic is for a two bedroom home and is in compliance. Charlene Kinnelly said that she stated that she needed to understand the discrepancy.  Paul Pottle said that the owner actually set the pins.  John Burgess asked if they grant this variance, will the board have to meet again because the neighbor will be upset?  David Cichowski said no.  Notifications were sent out to all abutters about this meeting.  Michael Eldridge asked David Cichowski if he received anything in writing.  David said no, he has received no negative feedback.  Michael Eldridge reviewed the justifications of the variance.  He read them aloud to the board.  He also commented that the home will stay in the same footprint.  The new home measures 13’4 x 66.  Paul Pottle asked the board if they would prefer putting the new home closer to the garage.  Wilber Eshelman spoke and said that they would have to take down too many trees in order to do this.  Michael Eldridge asked if this was the smallest mobile home that the Eshelman’s could get.  Bradley Corson spoke and said that the home is standard with this MSHA program.  Harlan Brown said that if they have been there this long on the land, don’t they have some sort of right to it now?  Michael Eldridge said that this is something that the owners would need to discuss with their attorney.  Michael Eldridge asked the group if there were any more questions.  Charlene Kinnelly asked the board if they thought they would be setting precedence if they granted this variance.  David Cichowski said they’ve probably already set it.  
At 6:30pm Michael Eldridge closed the public hearing.

Michael Eldridge mentioned that this board has already granted variances in this neighborhood for much lesser reasons than this.  He wants to see the Eshelmans in their new home.  John Burgess said he agrees.  Harlan Brown asked if the old one would be hauled off.  Bradley Corson said that it would be.  He also said that they would be pouring a cement slab and there will be tie downs for the home.  Harlan asked if the board should set a limit of how long the old home can stay on the property so that it gets removed.  The Eshelmans said that they will move all of their stuff to a garage and they have a place to stay while the new home is being placed.  Charlene Kinnelly mentioned that she is still concerned about the precedent being set.    Michael Eldridge said that he is not.  The abutters have all been notified and should be here if they have any objections.  Charlene said the board needs to make sure that they haven’t approved something that could come back to bite them later.

Michael Eldridge asked the board for a motion to grant the Dimensional Variance.

John Burgess made a motion for a 20 foot variance on each side and a 45 foot front variance as previously stated.  Charlene Kinnelly seconded the motion.
Vote:  4 in favor. 0 opposed. Motion passed.  

5.)     Adjourn
Meeting adjourned at 6:39pm.

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