POLAND – A technicality is preventing a landowner from selling and getting out of debt. The solution may be reached at the next town meeting or in court, depending on future action by the Board of Selectmen.

“The man owns a bit of land and should be able to make the best use of that land,” said Selectman Glenn Peterson at Tuesday’s regular board meeting. “I believe that the town of Poland is preventing him from doing that.”

David Duff owns land and a deeded right of way across Waterhouse Brook and a former Maine Central Railway bed off Girardin Lane. However, the definition of his easement is in dispute between Duff and the town. Even the amount of land Duff owns is in disagreement. Depending on Duff’s deed, the amount assessed and taxed, and the amount recently surveyed, Duff owns between 33 and 52 acres.

Under the town’s current Farm and Forest zoning that applies to Duff’s land, a single-family residential building requires five acres and 300 feet of road frontage. Town Code Enforcement Officer Arthur Dunlap said Duff probably had enough land and road for five or six houses.

“I’m not trying to start a subdivision,” Duff told the board Tuesday. “I just want to get out from under some of my debt and sell one lot. Why can’t you just grant me a variance?”

The problem arose when Duff tried to sell a portion of his land and discovered that the town would not issue a building permit for the lot. Duff received a “farmer’s crossing” from the railroad when he bought the land about 15 years ago. Since then, the town has acquired ownership of the abandoned railway and deems the easement insufficient for residential development.

Dunlap said he needed the town to broaden the definition of the farmer’s crossing before he would issue a building permit. “Right now, the way I see it is that a farmer’s crossing is for some type of agricultural use,” said Dunlap.

The code enforcement officer came under fire from selectmen several years ago when he issued a permit for a cellular telephone tower to be built on Duff’s land. He has put this issue before the board.

At a December meeting, Town Manager Richard Chick advised the selectmen that they could not issue a variance since the town owns the property needed for a wider easement. Granting Duff’s request would require approval from residents at a town meeting, Chick said. He also advised the board that future development could create public safety problems with insufficient access for emergency vehicles.

Attorney Curtis Webber admitted to the board Tuesday that the terms farmer’s crossing and private road are ambiguous terms.

Selectman Stephen Robinson said he supported Duff’s current plans but wanted guarantees that future development would be restricted. Webber suggested drafting an article that would limit the easement use for two lots. However, Peterson objected since Duff owned enough land to subdivide additional lots.

“The man has economic hardships, and his land is his main asset,” said Peterson.

Peterson suggested to Duff that he may want to retain an attorney.

“I want to do this the right way,” said Duff. “I don’t have to have to sue the town.”

Chick assured the board that he and Webber would have something drafted for review at the next meeting Jan. 20.

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