York Town News
Appeals Board upholds controversial ordinance - again
By Larry Favinger
YORK - Back in 1986, the voters approved a warrant article amending the town's zoning ordinance in a way that has resulted in a lot of work, discussion, disagreement and disgust among property owners and the Appeals Board.The ordinance mandated the joining of adjacent non-conforming lots held under single ownership. One of the problems resulting came when the town didn't notify owners of such properties of the action, and continued to tax the parcel as separate lots. The status of a given property was often not discovered by its owners until they tried to use what they purchased as - and thought still was - a second lot.
On Wednesday, July 26, the Appeals Board heard yet another appeal from such a property owner and voted 3-2 against granting it.
"The town passed the ordinance, apparently, and then did absolutely nothing but continue to do nothing else but what they were doing before it passed," said Appeals Board member Leon Moulton, who voted in the minority in favor of the appeal by Cesidio Cedrone of 14 Seamist Lane. "That's not fair. … It's not right. That's immoral and they're still doing it and they don't care. We can do something about it and we ought to."
Those against the appeal that would have allowed the Cedrones to sell the undeveloped lot focused on the fact that to grant such an appeal there must be an error by the Code Enforcement Office, and they could find none in this case.
"We don't have to find him in error," Moulton said, "we just don't have to agree with him and that's what we ought to do tonight."
In making the appeal, attorney Greg Orso told the board members they had an opportunity to make a difference on the issue.
"I want you to keep that in mind as we go through this appeal, because what we're talking about here is an appeal of a long standing issue, a long standing problem," he said. "It's the town's inconsistent, inexplicable behavior toward owners of lots that reside next to each other."
Rosa Cedrone said the property was purchased in 1956 and has been billed for taxes, water and sewer as two lots ever since. She had no idea it had been combined into one until the possible sale came up and was rejected by the Code Enforcement Office.
"When we bought the property we were thinking of our future," she said. "Now to be told it is one lot makes me a little upset."
The single lot is valued at about $149,000.
"This was for my future," she said. "I'm living my future at my age. I can't count on it anymore. I wish I could have my lot back. Now it's up to you guys."
Code Enforcement Officer Tim DeCoteau said this is a very tough ordinance, but voters legally approved it in 1986 and changes have been made since. The issue has also been before the Appeals Board many times and has been the subject of public hearings.
"This is not something we've been hiding," DeCoteau said.
The town's explanation for not notifying the property owners impacted in the past has included the time and funds necessary for such notification.
Appeals Board member Peter O'Connor, who voted against the appeal, said when the voters approved the ordinance they were interested in eliminating small, non-conforming lots.
"I think in 1986 they intended to take property and combine it into one," he said. "It's taken a lot of heat, but they intended to take it."
O'Connor has lashed out at the town for its mishandling of the ordinance, but believes it is the board's job to support the town's ordinances unless they are amended.
Chairman Michael Swant, who joined O'Connor and Gene Sullivan in voting against the appeal, said he shared the indignation of those who favored the appeal but felt the town was upholding the requirements of the ordinance.
Board member Joe Carr voted with Moulton for the appeal.
Editor's Note: Residents who want to discuss the issue will have their chance during a public hearing on the contiguous, non-conforming lots ordinance, scheduled for Aug. 21 before the Board of Selectmen and Planning Board at the York Public Library.
For more, visit www.yorkmaine.org and following the links to the Planning Department.
