Ogunquit News
Permanent Structure or Child's Sand Box?
By C. Ayn Douglass
OGUNQUIT - Joe Romano and Bruce Lamothe, home owners on Belm Lane, argued unsuccessfully with the Ogunquit Planning Board Monday night as to the definition of a permanent structure.Without applying for a building permit and therefore not going through design review, Romano and Lamothe installed a portable spa in their yard a year ago in the belief that the word 'portable' exempted them from the planning board process.
Romano told the board that the definition of the spa was that it was portable, not on a fixed location, self contained, not a hot tub and not attached to the ground.
"It's no different from a child's inflatable pool, a sand box or a gas grill," he said.
Romano said that in the eight years he has lived in Ogunquit, "I don't recall anyone else who has had to appear for design review for a (portable spa) and there are many in town." Romano said he believed that it was unfair and prejudicial that he would have to come before the board when others have not had to comply.
Romano and Lamothe failed to respond to a letter sent to them several months ago by Land Use Director Paul Lempicki telling them the were in noncompliance. The men had thirty calendar days to file an appeal with the Zoning Board of Appeals for a variance and missed that deadline as well.
Having no recourse, they appeared at the planning board to argue the merits of their argument saying the spa can be torn down in a matter of 15 minutes and can be stored, therefore making it a non-permanent structure.
Lempicki, however, said portable or not, the spa didn't meet the side setbacks required in the general business district zone in which the property is located.
The board then went through the process of design review and found no reason to reject the spa.
"I guess we'll just have to move it eight feet from where it is now," Romano told The Independent.
In other business, the board agreed on a mission statement that has been in the works for several weeks. Vice-Chairwoman Muriel Freedman and member Michael Score wrote the language of the statement that was accepted by the board and will be given to the board of selectmen for their approval. It reads:
"The Ogunquit Planning Board is a team of volunteer citizens who assist fellow residents and developers with their future land use planning within the Town. This is accomplished by: applying the Ogunquit zoning ordinances, subdivision regulations and state statutes; considering input from the land use office, concerned residents and various town committees such as the historic preservation commission and the conservation commission; reviewing and recommending necessary changes in zoning ordinances in accordance with the Ogunquit Comprehensive Plan; protecting and enhancing our historical and environmental treasures and safeguarding the visual charm of Ogunquit for future generations.
Contact staff writer C. Ayn Douglass at cayndouglass@yorkindependent.net.
