SUMNER — At the selectmen’s meeting last week, the owner of a mobile home park agreed to meet with the Sumner Planning Board again to see if something could be worked out about his driveway town officials say is in violation of the subdivision ordinance.
At the Dec. 8 selectmen’s meeting, Clifford McNeil, owner of Butterfield Estates LLC on McNeil Road, was in attendance, along with planning board Chairman Andy Wickson. McNeil wants to refurbish a driveway that enters or exits directly onto Route 140, instead of a mobile park road, which Wickson said violates the newly approved subdivision ordinance. McNeil appealed the planning board’s ruling and the board of appeals met on Dec. 3 and unanimously voted it did not have the power to hear his appeal. Town Clerk Susan Runes pointed out the subdivision ordinance says a court would have to address the matter.
“Where do we go from here?” Selectmen Chairman Wally Litchfield asked. “I would hate to spend a lot of money to go to court for the town of Sumner if we can work this out in a manner that’s agreeable to both parties.”
McNeil said he didn’t want to wait too long and have it appear as if he accepted the violation. He noted he doesn’t believe he’s in violation of the ordinance and neither does his attorney.
“Things were built prior to your town meeting in August,” he said. “I guess I see it in two different ways. … You guys either work up a new violation and stick with the idea I am in violation or the violation is rescinded and we go back to the planning board and work something out.”
Selectman Kelly Stewart said since McNeil made his appeal, the violation has been suspended so McNeil isn’t racking up fines.
“It’s still on hold as far as I’m concerned because we have no resolution in this matter,” she said.
After some discussion on the next step, Wickson offered up a possible solution.
“I don’t know if the simple solution if it’s not used as a personal entrance onto a public street, if it’s gated and [we] term it something else … we could probably allow that then the verbiage wouldn’t be ‘private,’” he said.
“With all due respect I appreciate the valuable input of the planning board – it is purely interpretation because that driveway has been put on the books since 1976,” McNeil said, adding his grandfather owned the land and it’s one of the reasons he wants to keep the driveway. He’s also worried about losing rent since the driveway would lead to one lot.
The idea of hosting a special town meeting to amend the ordinance was suggested.
“We can have a special town meeting to amend an ordinance but we tend to shy away from that because ordinances affect everybody in the town. Special town meetings are poorly attended and not representative of the public,” Runes said. She added she would contact John Maloney of Androscoggin Valley Council of Governments about the ordinance.
McNeil agreed to attend the upcoming planning board meeting, which was set for Tuesday, Dec. 15. If no agreement is reached, Runes said the case will head to court.
As he got up to leave, McNeil shook hands with Wickson and said, “Thank you Andy, you fill a critical position.”
In other news:
Resident Walter Jasniewski expressed concern during open session about the paving job done by Lane Construction on Upper Sumner Hill Road;
Runes announced she received a copy of the town’s audit and is reviewing it. Selectmen signed an audit representation letter. “Basically it’s the selectmen writing a letter to the auditing firm engaging them and saying as far as you know as internal controls, there isn’t any flags, deficiencies. You monitor receipts and expenditures,” she said;
Selectmen directed Code Enforcement Officer Sidney Abbot to check out what appears to be a storage shed being built near the old East Sumner school house at the corner of Bonney Road and Route 219. Selectmen fear it is too close to the road and no building notification was taken out;
After the first of the year, Selectman Mary Ann Haxton wants to go over the town’s long-term goals, including preparing for Rune’s eventual retirement.
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