CHESTERVILLE — Selectmen voted 4-1 Thursday night to approve a consent agreement allowing a deck and shed to remain at a camp at 37 Bachellers Mill Road.
Selectmen Tyler Jenness, Tiffany Estabrook, Matt Welch and Edward Hastings IV were in favor, Selectman Ross Clair was opposed.
The camp on Parker Pond is currently owned by Stanley Rowe. He, along with his former wife, Karen Rowe, and her father, Harold Bullock, purchased the camp in 1978. The latter two are deceased.
After the property was put up for sale in May 2017, Code Enforcement Officer Brenda Medcoff found three potential violations of shoreland zoning regulations.
Last week, Rowe provided written background information regarding the violations.
At issue are the following:
• The year the deck was added;
• The year the shed was added;
• The size and location of the shed; and
• The actual size of the lot.
Rowe wrote that he built the deck in 1978 or 1979 to replace a flight of stairs on the lake side of the camp. The shed was built about the same time to replace a two-hole outhouse, he said. There is no record of approved permits and the tax cards are inconclusive. Taxes have been assessed on the deck and shed since 1990 or 1991.
Shoreland zoning regulations require 80 percent of the lot be kept as green space. The town lists the lot as 10,000 square feet. The shed is 12 feet square, 12 feet high.
Rowe wrote, “According to the deed, the lot is approximately 13,200 square feet.”
Per shoreland zoning regulations, the shed must be 50 feet from the center of the road, 70 feet from the lake and 15 feet from the abutting lot. Rowe said it is actually about 75 feet from the road, 45 feet from the lake and more than 15 feet from the abutting property.
The selectmen tabled the matter last week pending a reply from Department of Environmental Protection.
On Thursday night, Rowe shared a photograph of the camp with selectmen which had a date stamp of 1984, verifying that the deck had been built prior to 1990. Medcoff supported allowing the deck to remain, providing an after-the-fact permit was obtained from DEP.
Medcoff had concerns about allowing the shed to remain.
“Under normal circumstances, an 8- by 10- by 8-foot shed is allowed if the lot can’t support a garage due to setbacks,” Medcoff said. “The issue I’m having is the lot coverage doesn’t support them even having a shed.”
A survey of the lot is being completed. Medcoff said. If it’s found there is more land to support the shed, it would still need to be downsized to meet state codes.
“We’ve been taxing them on it,” Selectman Edward Hastings IV said.
He moved to write an agreement giving Rowe whatever documentation is needed to grandfather the deck and shed.
“I’m making it clear moving forward you must follow all rules and regulations,” Hastings said prior to the vote.
The board agreed that future instances would be reviewed on a case-by-case basis.