China board of appeals grants site size variance for apartments

by Mary Grow

The China Board of Appeals has granted Carrol White’s application for a variance from lot size requirements to allow him to seek planning board approval to convert the former Silver Lake Grange Hall in China Village to apartments.

The action still needs two more steps: under China’s Appeals Ordinance (Chapter 9 of the Land Development Code), the board must meet again within 14 days to approve the written decision. Once finally approved, the variance must be recorded at the Kennebec County Registry of Deeds within 90 days.

White presented an application for the conversion to the China Planning Board at its Jan. 23 meeting, and a more complete application at the Feb. 13 meeting. On Feb. 13, board members voted that White’s project meets all ordinance criteria except for lot size; the Main Street lot is too small for the planned four-unit apartment building.

White therefore applied for the variance from the lot size requirement. He explained that he had obtained variances in the 1990s, but for various reasons, none was properly recorded and accepted (see articles on p. 3 of the Feb. 1 and Feb. 22 issues of The Town Line).

White wants a current, valid variance so that, when the planning board grants a permit for the conversion, he can sell the property to Daniel Coleman.

Coleman, who lives farther south on Main Street, said he has experience as a landlord. He intends to create four two-bedroom apartments in the 4,600-square-foot building, two on the ground floor and two on the second floor.

He said he likes China Village, appreciates the need for housing in Maine and plans to seek tenants who will contribute to the area.

Ronald Morrell, who lives farther north on Main Street and owns the empty lot across from the Grange Hall, supported the project. He hopes Coleman will preserve the historic appearance of the building, which dates from 1908.

Linda Morrell asked about parking. White said it will be behind the building.

White and Coleman said they have not yet done final plans for either the interior or the septic system. An architect has sketched a four-apartment plan, and test pits have been dug out back where the septic system will go.

Board of Appeals members had to rule on four criteria for granting a variance. The first, and most discussed, was that the property “cannot yield a reasonable return” without a variance.

White said the former Grange Hall has been for sale for years and no one has even asked to inspect it, though it could legally be a single-family home or an appropriate business. Several people commented that people wanting a 4,600-square-foot house would probably want more spacious grounds.

Appeals board member Robert Fischer dissented on the vote on that criterion. It was approved 4-1-1, with newly re-elected board chairman Spencer Aitel abstaining, as he always does unless his vote is needed to break a tie.

The other criteria, approved by 5-0-1 votes, are:

— The need for the variance is due to the property’s “unique circumstances,” not to “the general conditions in the neighborhood”;
— Granting the variance will not “alter the essential character of the locality”; and
— The need for a variance is not “the result of action taken by the applicant or a prior owner.”

Aitel commented that the final criterion always gives him pause, because obviously many years ago a prior owner did something that did not meet 2024 regulations.

The Grange Hall fails to meet another contemporary requirement: it is seven feet from the north line of the property, instead of the required minimum 10 feet. Codes Officer Nicholas French said the building is “grandfathered” for this requirement, comparing it to buildings around China Lake closer to the water than would be allowed for a new building. Aitel added that such buildings can be modified as long as changes do not increase the non-conformity.

After Aitel was re-elected board chairman, member Michael Gee volunteered to be secretary and was promptly chosen.

Board members did not schedule their next meeting.