HomeMy WebLinkAbout2024.08.07 BOA Minutes Benjamin Valley - HearingBoard of Appeals
Minutes
For Meeting Held on August 7, 2024 at 5:15 p.m.
Members Present:Donald McCann (Associate Member), Jordan LaBouff, Rachel Thompson,Edward Gould (Chair), and Robin Perkins.
Staff Present:David Szewczyk, City Solicitor
Introductions:
Chair Gould opened the hearing and introduced members.
Approval of Minutes:
July 31, 2024:
Member Thompson made a motion to approve the meeting minutes.
Member McCann seconded the motion.
Member Perkins abstained.
Motion passed (4-0).
Chair Gould recused himself from the hearing due to a conflict of interest. He nominated Member Perkins to act as Chair pro temp.
Member LaBouff made a motion that Member Perkins act as Chair pro temp.Member Thompson seconded the motion.Motion passed unanimously (5-0).
Public Hearing -Consideration of an appeal requesting a variance with respect toaside setback from City Ordinance § 165 – Attachment 4 Schedule C – Benjamin T. Valley (370 Kittredge
Road).
Chair pro temp Perkins advised the applicant that all four voting members would have to vote in favor of his appeal in order for his appeal to succeed. She asked if he had an objection
with only four members voting or if he wanted to reschedule the hearing. Mr. Valley had no objection and indicated he wanted to move forward with the hearing.
Benjamin T. Valley spoke as the applicant and presented his request for variance. He submitted a narrative and photos to the Board.
Board of Appeals Members asked questions.
There was no public comment in support of or in opposition to the Application.
City of Bangor Director of Code Enforcement Jeffrey Wallace 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 LaBouff made a motion that the applicant met the requirement that a relaxation of the terms of this chapter would not be contrary to the public interests.
Member Thompson seconded the motion.
Motion passed unanimously (4-0).
Member LaBouffmade a motion that the applicant didnotmeet the requirement that the land in question cannot yield a reasonable return unless a variance is granted.Member Thompson seconded
the motion.Motion passed unanimously (4-0).
Member LaBouff made a motion thatthe applicant met the requirement that theplight of the owner is due to unique circumstances of the property and not due to the general conditions of
the neighborhood.Member Thompson seconded the motion.Motion passed unanimously (4-0).
Member LaBouff made a motion that the applicant met the requirement that the granting of the variance will not alter the essential character of the locality.Member Thompson seconded
the motion.Motion passed unanimously (4-0).
Member LaBouff made a motion that the Board find that theapplicant did notmeet the requirement that the hardship is not the result of action taken by the applicant or a prior owner.
Member Thompson seconded the motion.Motion passed unanimously (4-0).
Member LaBouff made a motion to deny the appealfor variance from the side setback requirement of§ 165 – Attachment 4 Schedule C of the Code of Ordinances.
Member Thompson seconded the motion.
Motion passed unanimously (4-0).
Other business:
None.
Meeting adjourned.
Member McCann made a motion to Adjourn.
Member Thompson seconded the motion.
Motion passed unanimously (4-0) to adjourn.