TOWN
OF
APPEALS
BOARD MINUTES
Tuesday,
January 16, 2007
CALL
TO ORDER:
The meeting was called to order by Kenneth
Gardner, Chairman at 7:00 p.m.
Regular members present: Kenneth Gardner, Robert
Axelsen, Russell Peter Berg, Bruce Rozett and Ruth Adams.
Alternates present: Doug Hubbard.
Also present: Ron Phinney, CEO, & Beverly
Foss, Secretary.
AGENDA:
APPROVAL OF MINUTES:
The chairman asked the Board to review the
minutes from the last meeting, December 4, 2006.
MOTION: Bruce
Rozett made a motion to accept the
minutes from the December 4, 2006 meeting as written. Seconded by Bob Axelsen.
All in favor.
WHITE BROTHERS – APPEAL CONTINUATION:
Ken Gardner read the appeal. They believe an
error was made by the Planning Board in issuing final subdivision approval for
the Little Ossipee River subdivision.
Chairman Gardner informed the Board that he was
an abutter to this property and that he would step down from participating in
the meeting. He asked the Board to appoint Bruce Rozett to chair that portion
the meeting. The board voted to do so and all were in favor.
Bruce then called on Mike White, president of
White Brothers, to state his case. Mr. White explained that they had come
before this board in 2003 and the Board had tabled their appeal, pending the
resolution of a boundary dispute between White Brothers and the owner of the
subdivision property, Little Ossipee River Development, LLC. He has presented
decisions, ruling in his favor from both Superior Court and the Maine Supreme
Court along with his application. He presented a simplified version of his
survey showing his boundary line, along with the line in dispute. Since he has
received this decision from the court, he asked the Board to send this case
back to the Planning Board to null and void their subdivision approval of
August, 2003, signed on November 13, 2003 and recorded in the York County
Registry of Deeds.
Helen Edmonds, attorney for White Brothers then
spoke on their behalf. She also asked that the Board remand this matter back to
the Planning Board to revoke their approval to the subdivision and also send
notice to the Registry of Deeds that it had been revoked. She stated that no
access road could be built to access these lots since the court found that Mr.
Ahmed only owned 9.07 feet of frontage on Route 117 and additional, limited
access rights over the former “
Bruce Rozett then made reference to the
Limington Zoning Ordinance, section 7.A.1 which states that a 50’ deeded
right-of-way is necessary to construct an access road. He also asked Ms.
Edmonds to summarize the information they gave the Planning Board regarding
this boundary dispute. Ms. Edmonds stated that they were present at all
Planning Board meetings regarding this subdivision and presented their
information and surveys to the Board. She said the Planning Board told them
they were not in a position to settle a boundary dispute.
Mr. Nasr Ahmed, Little Ossipee River
Development, then spoke on his behalf. He stated that he is now working with a
new engineering company and they have a revised plan for his subdivision. He
also requested that this matter be remanded back to the Planning Board.
Bruce Rozett asked if anyone else from the
public had any comments. No one did, so he closed the public hearing portion of
the meeting.
Findings of Fact:
1.
The Superior Court ruled in favor of
White Brothers.
2.
The Sebago Technics survey did indeed
show the correct boundary line.
3.
Since the court ruling, Mr. Ahmed agrees
with White Brothers regarding the ownership of frontage.
MOTION:
Russ Berg moved that this Board finds
that the Planning Board approval of the Little Ossipee subdivision was issued
in error. Little Ossipee does not have the 50’ deeded right-of-way required by
section 7.A.1 of the Limington Zoning Ordinance. Seconded by Ruth Adams. Motion carries with
all in favor.
Mr. White was informed that he would receive a Notice
of Decision within 7 days and the Planning Board will receive a copy. Bruce
Rozett suggested that Mr. Ahmed speak with the Code Enforcement Officer if he
wishes to proceed back to the Planning Board.
Bruce Rozett relinquished the chair back to Ken
Gardner.
APPEALS BOARD BY-LAWS
The Board reviewed sample by-laws from the MMA
manual, the Town of
Discussion ensued including the following
topics:
1.
Appointment to office terms (5 years)
2.
Alternates to the board
3.
Annual meeting for election of officers
each January
4.
President and Vice-president for
officers. Secretary not a member of the board
5.
Time frames for hearing appeals
6.
Reviewing applications for completeness
(10 days from date of submittal).
7.
35 day deadline for hearing appeals will
begin after the application is deemed complete
8.
Quorum (Section 10.5.1 LZO)
9.
Site walks
Bruce volunteered to start formatting the new
by-laws for the Board’s review, discussion and vote at a future meeting.
ADJOURNMENT:
MOTION: Bruce
Rozett moved that the meeting be adjourned. Seconded by Doug Hubbard. All in favor. 9:00 p.m.
Respectfully submitted,
Beverly Foss
Secretary
These
minutes are an unattested copy.