York Town News
Controversial ordinance continues to frustrate Appeals Board, landowners
By Larry Favinger
YORK - The controversial town ordinance that combines non-conforming lots under the same ownership was at the center of another Appeals Board meeting last week.The lots in question this time are owned by Evelyn G. Hackett and are located on Long Sands Road.
The board has determined they will remain as one.
After considerable discussion on the issue, again, the board voted 3-2 on Wednesday, Sept. 13, to uphold an ordinance most of them freely admit is unfair.
When the voters approved the zoning change combining these lots, property owners have repeatedly stated there was no action by the town to notify individual property owners, who continued to receive tax bills for each lot. Only years later, when those owners wanted to use that land, did they discover they cannot.
"I can no longer support the town in this," Appeals Board member Peter O'Connor said during the discussion. He said his brain tells him to uphold the town ordinance but his heart and emotions "are giving me a real hard time."
He eventually joined Chairman Michael W. Swant and fellow board member Gene Sullivan, however, in voting to deny the appeal and uphold the ordinance. Voting for the appellant were Leon Moulton and Kevin Brown.
Swant said he voted for the denial "because I have to" and Sullivan said he had to vote to deny because there was no error on the part of the ruling by the Code Enforcement Office.
"This is a subdivision," Moulton said, in urging the board to "look at this in a fair way. I think we can look at it the way the applicant wants us to if we want to be fair. We can use our judgment in fairness here."
Moulton said by upholding the ordinance Hackett loses the value of the second lot.
"There are many, many people in the same boat," Swant said. "We agree that is not right."
O'Connor said that over the years Swant has consistently voted to uphold the ordinance.
The Hacketts purchased two lots from the town of York in 1951 and have been paying taxes on each of them since. Recently, the York Sewer District put sewer drops on each of the properties and assessed the Hacketts $11,000 each. Now the town says there is only one lot and nothing can be done - deeds, sewer connection, taxes and water bills notwithstanding.
"She's been paying for something she couldn't use," Margaret Bridges, a family member, told the board in seeking the administrative appeal to separate the lots. "This is a considerable amount of money. We are hoping you would give her her vested rights. … It doesn't seem fair to go along, pay the bills and all of a sudden it's all gone."
William Hackett said the town should have an obligation to notify the property owners included when such an ordinance is passed. He said over the years the family has put out "a really large amount of money for, really, nothing" adding that, with the sewer put in, the lot in question "has become a very desirable, buildable lot. In general fairness, those lots should be separate."
Code Enforcement Officer Tim DeCoteau said his decision was based on the ordinance, which mandates nonconforming contiguous lots of record under the same ownership to be joined into one.
Voters are expected to have a chance to decide on the future of that ordinance at the polls in November as it is one of several zoning and Comprehensive Plan questions in the final stages of review before the election.
In other action, the Appeals Board approved a special exception for Bruce and Deborah Clough of 31 Lobster Cove Road for an accessory residential unit on their home for an aging parent. The vote to approve was unanimous.
