SOUTH BERWICK ZONING BOARD OF APPEALS
PUBLIC MEETING
JUNE 17, 2003
7:00 P.M.
CALL TO ORDER
John Kareckas called the meeting to order at 7:07 p.m.
ROLL CALL
John Kareckas (Chairman), Kevin DeSchuytner, David Kenny, Bonnie Gould, Alan Schalk and Joseph Rousselle (Code Enforcement Officer).
QUORUM
There was a quorum with 5 members voting. There was no conflict of interest.
NEW BUSINESS
Case #06-03
Map 11 Lot 23; Donald Perkins
Administrative Appeal
JURISDICTION
The Zoning Board of Appeals has jurisdiction to hear Administrative appeals pursuant to Section 140-76. Subsection B (1) of the South Berwick Zoning Ordinance.
DETERMINATION OF STANDING
The appellant is Donald Perkins, owner of property known as Map 11 Lot 23, located off Agamenticus Road. Mr. Perkins was represented by Attorney Milda Castner from Kennebunk. Mr. Perkins’ daughter, Sarah Castellez was also present.
OTHER PARTIES TO THE ACTION
Abutters present with standing included Zelda Kenney of 46 Agamenticus Road, George and Susan Strickland of 74 Agamenticus Road and Mike Nadeau who represented the South Berwick Water District.
TESTIMONY, QUESTIONING AND DISCUSSION OF EVIDENCE
Milda Castner explained that they were before the Board because Mr. Perkins was denied a building permit for lack of road frontage and the purported owner of the private way on which the applicant has frontage does not consent to the necessary improvement to the private way. She mentioned the 22 foot right of way as being the only access to the subject lot. Ms. Castner then passed out Exhibits A#1 - a portion of South Berwick’s Tax Map 11, A#2 - plans of Old Mill II, and A#3 - 19 pages including deeds showing chain of title. She explained that Mr. Perkins has an easement or right of way to use the private road which runs along his property, and is referred to in various deeds as the “S.P. Huntress Road”. Ms. Castner went on to cite a few Maine case laws that say the owner of a
right of way cannot prevent someone from improving the right of way. Ms. Castner said this is not grounds for a denial of the building permit so long as they show some interest in the right of way. Ms. Castner feels Mr. Perkins has proved he has interest in the right of way and the Code Enforcement Officers decision should be overturned and a building permit should be granted.
Mike Nadeau of the South Berwick Water District offered testimony. Mike mentioned it is the district’s belief that it has the right to deny the improvement of the land. The owners had access off of Agamenticus Road and decided to sell it and are now trying to gain access and have exhausted their efforts. He believes this is more of a legal issue than a Zoning Board of Appeals issue.
Joseph Rousselle, Code Enforcement Officer, offered testimony. He explained that the letter of denial was based strictly on lack of road frontage under the access standards. The existing right of way does not conform to access standards as set forth in the South Berwick Zoning Ordinance Sec. 140-70 ( I.). The sentence on the permit denial that the Water District will not allow the right to improve was a note of reference.
Milda Castner requested to withdraw the appeal at this time based on the Code Enforcement Officers testimony.
The Board motioned that Application #06-03 be withdrawn. All were in favor. Motion passed.
MINUTES OF PREVIOUS MEETING
Bonnie Gould motioned to accept the minutes of the May 1, 2003 meeting and the
June 10, 2003 meeting. David Kenny seconded. All in favor. Motion passed.
ADJOURNMENT
Bonnie Gould motioned to adjourn. David Kenny seconded. All in favor. Meeting adjourned at 8:50 pm.
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