The Whitefield Planning Board took the unusual step of seeking selectmen’s input on what has turned out to be controversial shoreland construction.
At issue is action taken by the code enforcement officer and planning board chairman last August concerning a structure described as “a gazebo on a ledge” bordering Weary Pond. Under the shoreland ordinance and for the category of what was subsequently described as a wildlife observatory, Code Enforcement Officer Arthur Strout had leeway to sign the notice-to-build, and was directed to do so by former planning board chair Christi Mitchell, provided he found no problems. No groundwork was expected and no sanitation facilities were proposed. Strout signed off on the project.
Now completed, the so-called observatory is a 16-by-16-ft. enclosed building with an additional 6-ft.-deep deck. The location, about 15 feet from the pond, is defined as limited residential but the required setback in that zone is 100 feet.
No sketch accompanied the notice form and no setback distance was provided.
Strout didn’t visit the site until recently when neighboring property owners called him to complain.
At the board’s regular meeting July 20, local builder Dennis Gould said his customer, Harold Dauphin, after project approval, “thought it would be nice to have a place out of the wind in winter,” so the structure was enclosed and windows installed. Chairman Bob Bills gave the opinion that that change “makes it not an observatory any more.”
Board member Steve Smith said the notice-to-build was made “invalid because it’s not compliant with the situation” originally presented to the board.
Gould said there are no sanitation facilities and no lighting system.
One of the board’s concerns is whether the town’s old ordinance was in effect at the time or whether the 1994 ordinance, containing state rules, applied. Last November, a slim majority of Whitefield voters declined to adopt the town’s amended shoreland rules, making the state rules operative.
The board voted 4-0 to ask the select board to initiate an inquiry into the validity of the Sept. 13, 2010 approval of the notice-to-build filed by Mr. and Mrs. Harold Dauphin.
Planning board members attending last week’s meeting, in addition to Bills and Smith, were David Spicer and Ann Roberts. Jim Torbert was absent. Selectman Dennis Merrill sat in.
On Monday, Merrill reported to the full select board that he had contacted the Dept. of Environmental Protection (DEP) and Maine Municipal Association attorneys. It’s a “sticky situation,” he said, but he was advised that it’s debatable. Not all pertinent information was presented to the board and Merrill said he “learned from DEP that another permit has to be acquired” for construction within 75 feet of the shore.
Select board chairman Steve McCormick’s opinion was that the board should have found the notice-to-build incomplete. “It doesn’t matter who did it, whether Arthur or Christi, it’s the town that is responsible,” he said.
Before proceeding further, McCormick said, “We need minutes of the (August 2010) meeting, and a copy of the notice to build.” Merrill will pursue the matter with the DEP.
