WILTON – Planners said Thursday they believe a large parcel owned by Hank McPherson cannot be considered exempt from subdivision laws. Code Enforcement Officer Katherine Shoaps will send a letter to him to that effect.

Last month, McPherson asked planners to deem his property exempt from subdivision laws. He said a state law existing when he purchased his property stated that any property of 40 or more acres outside the shoreland zone was exempt from subdivision laws.

Planners had asked Shoaps to get a legal opinion from the Maine Municipal Association. Shoaps, however, told planners that a former Planning Board member suggested that McPherson research the issue because he had no formal application before the board.

Chairman Russ Black told Shoaps that in the future she must follow the board’s requests.

McPherson said he purchased a large parcel in September 2002. Before the purchase, in July 2002, a subdivision plan was filed with the registry of deeds by the former owners.

Resident and former Maine legislator Conrad Heeschen told the board that McPherson’s land cannot be considered exempt under the old law because, although a plan was filed with the registry of deeds, no actual subdivision was created. All of the property is deeded to McPherson as one lot. In addition, Heeschen said, part of the property is in a resource protection zone on Wilson Stream.

Planners said McPherson can sell one lot every five years, but if he sells more than one lot during that period he will have to come before planners with a subdivision plan or be in violation of both state and local subdivision regulations.

In other business, planners also clarified the definition of an automobile hobbyist. Shoaps said she received several calls requesting the clarification after the town meeting last month in which voters approved a definition of automobile hobbyist and redefined what a junkyard is.

Planners said anyone with two or more unregistered vehicles will need to obtain from planners either a junkyard permit or an automobile hobbyist’s permit, depending on what kind of vehicles they have. They must comply with state law that defines classic and antique automobiles, race cars and other vehicles. Farm equipment is exempt from the junkyard ordinance.

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