MINOT — Following a brief public hearing, the Planning Board Tuesday approved a number of amendments to the town’s land-use ordinance and voted to place these amendments on the warrant for the March town meeting.
The changes, made primarily to the section of the ordinance that has to do with the development of back lots, were made in response to the town’s Board of Appeals’ decision to allow developer Chuck Starbird to build a house on the abandoned portion of York Road.
That decision, made on Nov. 9 of last year, has been challenged by the town’s Board of Selectmen and the Androscoggin Superior Court could conceivably rule on the matter before town meeting.
Selectmen said the Board of Appeals erred in its interpretation of the ordinance.
The Planning Board concurs with the selectmen’s reading of the ordinance but decided to clarify the ordinance’s language to rule out a repeat of what it considers the Board of Appeals’ misinterpretation.
The Planning Board went through the ordinance making sure that the use of the words “street” and “road” were used properly. The two words are defined differently and are not interchangeable.
The Planning Board also added a new sentence under the section on back lots that directly addresses the ambiguity that led to the decision to allow Starbird a building permit.
The new sentence states: “The right-of-way referred to in this section does not include a public easement.”
The Board of Appeals accepted the argument that because his land borders a public easement, which runs along the abandoned portion of York Road and connects to the town-accepted portion of York Road, Starbird should be allowed to build on the public easement.
“We knew what we wanted it to mean,” Planning Board member George Buker said.
The new language, the board agreed, makes that meaning absolutely clear.
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