Sunday, October 13, 2013

Agreement may allow subdivision at former airstrip in Eliot, Maine: Developer threatened lawsuit

ELIOT, Maine — A long-running building permit problem seems to have been solved at Thursday's selectmen's meeting.

Sweet Peas LLC, owner of the Littlebrook Air Park off Beech Road, requested permission to break off a back lot for building. Sweet Peas representative Edith Breen told the board that Sweet Peas was facing a deadline for a filing to take the town to court unless a permit was issued.

"It would be expensive for us and expensive for the town, and embarrassing," Breen said of taking legal action.

She told selectmen she did not know which of the various parts of the zoning regulations to appeal, saying, "It's a simple question of breaking out a lot."

Selectmen Chairman Mike Moynahan asked Planning Assistant Kate Pelletier whether a compromise had been reached. The variance seemed to hinge on granting permission for a driveway longer than 1,000 feet.

Pelletier said of a recent Board of Adjustment meeting, "We had a long meeting. I thought in the end, we were on the right page." But the next morning, Pelletier said, BOA Chairman Edward Cieleszko seemed to have changed his mind. She advised selectmen that a previous legal opinion said the town could exceed the 1,000-foot limit in driveway length and that state law says in an ambiguous case, the town should favor the applicant.

To settle the matter, selectmen voted to issue a consent decree to approve the lot if Code Enforcement Officer James Marchese does not reverse his original decision to not issue the permit.


Source:   http://www.seacoastonline.com

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