York Town News
Appeals Board rules for applicant with CEO's support
By Larry Favinger
YORK - There were three items on the Appeals Board agenda last week, one that was rejected, one that was subsequently withdrawn and one granted unanimously after the Code Enforcement Office spoke for the appellant.The most unusual of the appeals was when Code Enforcement Officer Tim DeCoteau stepped to the podium to speak in favor of the appeal by Patrick R. Hughes of Cape Neddick.
"The town made an error," DeCoteau said in regard to Hughes' appeal of setbacks on his property at 177 Mountain Road.
It seems an incorrect set of standards were used when granting Hughes' permit to build a house on the property and when the work was done, the house was found in violation of the standards that should have been applied.
DeCoteau said he's known Hughes for 20 years and "There is no straighter shooter that I know of."
He said Hughes shouldn't be penalized for the town's mistake.
"We gave erroneous information," the DeCoteau said. "He was acting in good faith and the town was acting in good faith."
He said it was the lot's configuration that created the problem in discerning if it was a nonconforming or conforming lot.
"The lot is unique," DeCoteau said. "There's none other out there like it. He thought he was complying with all the rules."
The house violates setbacks by a few feet and the board acted unanimously to grant Hughes' appeal.
The appeal for failure to act on an original grant of authority by George and Catherine Wilson of Ogunquit for property at 339 Clay Hill Road was withdrawn when the board questioned how an appeal could be made when no action had been taken.
Attorney Greg Orso, representing the Wilsons, said he had received oral permission for the Wilsons to go forward with their building from former Code Enforcement Officer Mark Badger, but there was no official record.
"We're trying to make sure we can do what we were told we could do," Orso said.
When the Wilsons sought their building permit, DeCoteau said he could not issue it.
"Whether Mark agreed or not," DeCoteau said, the project is in violation of the ordinance and "they don't have a signed document from the town."
Since there has been no formal action taken by either side, the board was in a quandary about what it could and should do.
"I think what you need to do is put in an application," Appeals Board ,ember Joseph Carr said.
"We will go forward and file an application and go down that road," Orso said, withdrawing the appeal.
In other action, the board rejected the appeal by Kevin M. McKinney of York Harbor for denial of a proposal based on shoreland setbacks.
