York Town News
Appeals Board overturns to CEO decisions at June 28 meeting
By Larry Favinger
YORK - Last week's agenda for the Appeals Board was short to begin with and became even shorter when one of the three items was postponed at the request of the appellant.The request for an administrative appeal by Cesidio Cedrone of 14 Seamist Lane, York Beach, was first on the agenda Wednesday night but was postponed due to illness.
The appeal was tentatively scheduled for the board's July 28 meeting if the Cedrones can attend.
Appeals Board Chairman Michael Swant will be in touch with them two weeks prior to the meeting to make that determination. If their attendance remains a problem, the item will be pushed to a future date.
For the two items that were heard at the York Public Library during the Wednesday, July 28, meeting, there was no representative from Code Enforcement on hand.
Senior Managing Code Enforcement Officer Mark Badger was scheduled to attend but could not due to family commitments, Swant told the board.
"We're going to go ahead and hear these matters," if there is no objection from the board, Swant said. "I don't think it's fair to put off the appellant because the town couldn't be here."
The board agreed.
"They didn't asked for a continuance" of either agenda item, Appeals Board member Leon Moulton said, indicating his support for going forward.
The board granted a general variance requested by Robert A. Hooper of 9 King's Highway, Eliot, from a Code Enforcement Office denial concerning shoreland setbacks for a single-family home proposed at 16 Corn Swamp Road.
Hooper first appeared before the board in January of this year proposing the construction of a two-story home on that lot, but was asked to bring back further information.
Since then he not only gathered several documents on the proposed septic system and wetlands protection but also reduced the footprint plans to a single-story house. One of the objections voiced by abutters in January was the size of the proposed structure.
With the changes, only one setback was in question and it came within the board's authority to grant a variance, which the board ultimately did.
The majority of the questions raised by abutters concerned protection of the adjacent wetlands from the septic system. A system is currently being designed and engineered that will meet the necessary specifications for state and local approval.
The board carefully went through all the requirements for building in that area item-by-item, finding Hooper met all criteria with the changes he made.
Appeals Board member Peter O'Connor credited Hooper "for going through some hoops" to provide the board with the needed information. He made the motion to grant the variance and it was approved by a unanimous vote.
The board then approved the request to overturn a denial concerning setbacks, lot size and frontage for property owned by Gail E. Nichols of York Beach on Ridge Road.
The board's action allows Nicholas to go forward with the sale of a lot next to her home, an action denied by code enforcement.
"There's no question in my mind the lot was functionally subdivided," Moulton said in making the motion to approve. "They (the lots) don't conform, but you can convey them separately."
The large lot has been used, assessed and taxed as two for more than 30 years. Each has a structure on it and they have been used separately over the years, creating a functional subdivision.
The family first settled on the lot in 1960 in a camp moved to one part of the lot and the following year a house was built into which the family moved.
The original structure has been used as a farm stand and other things over the years and is not being sold.
The vote to overturn the Code Enforcement decision was unanimous.
