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Board of Appeals Minutes 2009-12-08
6 Church Street, Gardiner, Maine 04345
{00030026-0000-0000-C000-000000000046}4152010_22231_0.png       CITY OF GARDINER

Tuesday, December 8, 2009

Present:                Michael Eldridge, Chair                 Charlene Kinnelly               Daniel Bates    
        John Burgess                    Harlan Brown
Also present:           Dorothy Morang, Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
                        Jamie & Karen Willett   Richard Schuberth

1.)     Call Meeting to order, followed by the Pledge of Allegiance
Chair, Michael Eldridge called the meeting to order at 6:03 PM.

2.)     Roll Call
Chair Eldridge and the Board members introduced themselves.

Chair Eldridge explained the role of the Board of Appeals.

3.)     Consideration of Minutes from the June 23, 2009 Meeting
John Burgess moved to accept the minutes. Charlene Kinnelly seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (Dan Bates not at meeting) Motion passed.

Chair Eldridge asked if there were any conflicts of interest with any member of the Board.  All on the Board members said no.

Chair Eldridge asked Dorothy if she had received the Application on time and if the abutter notices and Kennebec Journal notice were on time.  She said yes.

Chair Eldridge asked Dorothy if the office had received any written or oral comments. She noted that she had one telephone call from the abutter, Mr. Schuberth asking about submitting a written comment if he could not attend.  It was noted that he was in the audience.

Chair Eldridge read the Applicant’s request for a variance.

4.)     Dimensional Variance
Jamie Willett, Applicant is seeking a ten foot (10’) variance from a thirty foot (30’) minimum side set back requirement to construct a two-car garage.  The property, located at 328 Marston Rd, is within the Rural (R) Zoning District, City Tax Map 17, Lot 15-A-004.

Chair Eldridge asked the Dorothy if the Applicant was the owner of the property and had legal standing.  She said yes.

Chair Eldridge asked the Board members if they felt the Application was complete.  They all said yes.

Chair Eldridge asked the Applicant to give an overview of what he wants to do.

Mr. Willett said that he bought the house the end of last February.  He said he would like to put in a two-car garage attached to the right of the house.  It is the best place to put it as there is a septic field in the back and he would also need a variance if they placed it on the other side.  This way would match the other homes in the neighborhood.

Chair Eldridge asked if the Board members had any other questions.  Mike asked Jamie if it would be inconvenient to put the garage on the back side.  Jamie said it would be because there is a leach field in the back.

Dan asked if the garage would be placed over the existing driveway.  Jamie said yes.

John noted that the land slopes away from the house more severely on the other side and in the back.  He thought that where the Applicant wants to put it is more realistic.

6:15 PM Open Public Hearing

Richard Schuberth said that he is the neighbor on the side of the house where the proposed garage would go and he said that he has no problem with it.
6:16 PM Close Public Hearing

Chair Eldridge read the Applicant’s responses to the Dimensional Standards criteria.

Chair Eldridge said he sees no problem with it and the abutting neighbor is ok with it.  He sees
no reason not to approve the variance.

John said it is clear that this should be granted.

Charlene agreed.

Dan said the abutter has no problem so he sees no reason for this Board to disagree.

Harlan noted that the Applicant will probably have to haul in fill between his property and the
neighbors and the neighbor has no problem with.  He agrees with the variance request.
Dan Bates moved to grant the variance in accordance with the terms presented.  Harlan
Brown seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.


5.)     Adjourn
Meeting adjourned at 6:23 PM

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