York Town News
Appeals Board grants Witham request
By Melissa Wood
YORK - After a lengthy public hearing at its last meeting, the Appeals Board finally decided the appeal by Frank Witham, a case that has been ongoing since 1999.In a 5-0 vote, the board approved a shoreland permit for the property on Mill Pond Road. The vote reversed a decision by the now defunct Shoreland Inland Wetland Review Committee on April 18, 2001.
The board had asked Code Enforcement Officer Tim DeCoteau to review how the current site plan met the conditions of the ordinance in effect when the appeal was denied.
Board member Leon Moulton said he thought the Shoreland Committee had made assumptions when they made their decision to deny the permit in 2001. He praised DeCoteau for coming up with an independent assessment among many opinions brought in by the property owner and abutters to the site who opposed the permit.
"We knew we were going to get expert opinions that were bought and paid for; nothing wrong with that," said Moulton. "What we wanted was an independent opinion from somebody who didn't have any axe to grind, and that's why we asked Mr. DeCoteau to do it, and he did. And he did it very thoroughly I think. … I tried to find some fault with it, I tried to tear it apart, because I think that's what we're supposed to do, and on balance, I believe that he hit all the issues."
Fellow board member Gene Sullivan said he visited the site twice and thought that the proposed project would not impact the area more than it already is being impacted by other properties around the pond.
"First of all, I don't think the whole area should have been built by today's standards," he said. "It was all done without really thinking in terms of what was happening to the environment, but I don't think that one more building is going to make it any worse than it presently is."
Chairman Michael Swant said the decision had to be based on the ordinance at the time, which they found would have allowed the permit.
"I don't think it should be built on, but that's not my call," said Swant. "My call is to strictly express my opinion as to whether or not it complies with the criteria that we have. … I find that it does."
The board also granted a variance to David Currier to allow setbacks for a property on Logging Road. The variance will allow for a wetlands crossing in order for a single-family dwelling to be built on the five-acre lot.
David Linney, who owns a nursery on an abutting property, spoke against any displacement of the wetlands because his business has been negatively affected by flooding in the past.
However, the board found that Currier's property met the conditions of the ordinance for a variance. Moulton said the flooding would be alleviated by another culvert on Mountain Road, something the board had no control over.
The board approved the variance in a 4 to 1 vote, with Vice Chairman Joseph Carr voting in the negative.
