HomeMy WebLinkAbout2024.05.14 BOA Minutes M&H Springwater - HearingBoard of Appeals
Minutes
For Meeting Held on May 14, 2024 at 5:15 p.m.
Members Present:Jordan LaBouff, Robin Perkins, Edward Gould (Chair), Rachel Thompson, Robert Ballingall,and Donald McCann (Associate Member).
Staff Present:Grace Innis, Assistant City Solicitor
Introductions:
Chair Gould opened the hearing and introduced members.
Chair Gould advised Associate Member McCann that he doesn’t vote, but he can participate as an Associate Member.
Approval of Minutes:
February 22, 2024:
Member Ballingall made a motion to approve the meeting minutes.
Member Perkins seconded the motion.
Motion passed unanimously (5-0).
Public Hearing -Consideration of an appeal requesting a variance with respect to replacement of a legally existing, non-conforming sign – M&H Springwater, LLC (631 Hogan Road).
Richard Harnum spoke as the applicant and managing member of M&H Springwater, LLC and presented his request for variance.
Board of Appeals Members asked questions.
There was no public comment in support of or in opposition to the Application.
City of Bangor Code Enforcement OfficerBrenda Hanscom Bilotta presented the City of Bangor’s position.
Public Hearing was Closed.
Board of Appeals deliberated on the matter.
Board of Appeals voted on the matter.
Member LaBouffmade a motion that the applicant met the requirement that the plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property
in question and not due to general conditions in the neighborhood.
Member Perkinsseconded the motion.
Motion passed unanimously (5-0).
Member Ballingallmade a motion that the applicant met the requirement that the alleged hardship includes substantially more than mere inconvenience or inability to attain a higher financial
return, or both.Member Thompson seconded the motion.Motion passed unanimously (5-0).
Member Thompson made a motion thatthe applicant met the requirement that the sign to be authorized by the variance will not alter the essential character of the neighborhood.Member Ballingallseconded
the motion.Motion passed unanimously (5-0).
Member Ballingallmade a motion that the applicant met the requirement that the alleged hardship is not the result of action taken by the applicant or a prior owner of the property.Member
Thompson seconded the motion.Motion passed unanimously (5-0).
Member LaBouffmade a motion that the Board find that the relaxation of the term of this chapter would not substantially depart from the intent and purposes of this chapter and that literal
enforcement of this chapter would result in undue hardship. Member Ballingallseconded the motion.Motion passed unanimously (5-0).
The Application for variance from the 20-foot setback requirement of§ 260-7(H)(2)(c)(1) of the Code of Ordinances was approved.
Other business:
None.
Meeting adjourned.
Member Ballingall made a motion to Adjourn.
Member Thompson seconded the motion.
Motion passed unanimously (5-0) to adjourn.