WILTON – The Planning Board approved a building permit Thursday for Urban West to construct a garage on Route 2 about 50 feet from an intermittent stream.

Only Planner Keith Swett opposed the move.

The Maine Department of Environmental Protection classified a stream near the property as “intermittent.” A structure can not be built less than 75 feet from an intermittent stream unless it is grandfathered or the property owner receives a variance from the town Appeals Board.

Swett said a garage that existed on the property that was 45 or 50 feet from the stream is not grandfathered because it has already been removed. He said even if it was grandfathered, only up to 46 percent of the original structure could be rebuilt.

West told planners if he moved the garage back to 75 feet it would be closer to his well and would mean the removal of long-standing fruit bushes and trees.

Planners discussed what they have done in similar situations in the past. Swett said the only time he has voted to grant such a permit in the past is when the lot was not big enough to meet the setback requirements.

Swett said his reason for opposing the permit was that the proper channels need to be followed. He said he believes the board granting this permit means it has granted a variance, something by state law it does not have the authority to do.

“Only the Appeals Board can grant a variance,” Swett said.

But Code Enforcement Officer Brenda Medcoff said the Planning Board can grant a permit for such a structure under the town’s ordinance.

West did receive a permit-by-rule that states he can build the garage “to the greatest practical extent,” but does not state the garage could be built closer to the stream than 75 feet.

Medcoff said it is up to the Planning Board to determine what that means, since the permit did not specify where the garage can be built.

“I would like to stay with what we have been doing unless we get a ruling saying we can’t,” Chairman Russell Black said.

Medcoff agreed to get an opinion from Maine Municipal Association so the Planning Board will know where it stands on this issue in the future.

In other business, planners approved a use permit for Traci Hollingdale to expand her “Curves” business on Route 2 to include tanning. The building will be remodeled, but no additions will be made. A condition of the permit is that Hollingdale provide adequate lighting and parking.

The board also granted a building and use permit to Ron Morin for a retail sales and service business for ambulance and rescue vehicles on Route 2.

Morin plans to build a two-floor garage with attached office space on property he is in the process of purchasing. He said he will provide a dealership location where a demonstration vehicle will be stored. Morin said there will be minimal servicing done at the site other than to refurbish and resell the vehicles.

After discussing two candidates in executive session, planners voted to bring in Sheryl Mosher as an alternate member of the board.

Mosher served on the board several years ago, but left for family and work obligations. During her absence she took courses in planning, public policy, economics and regional development.

She has lived in Wilton since 1975.


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