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Deer Isle
Web exclusive, July 3, 2013
Deer Isle Planning board wrestles with subdivision regulation breach

by Jessica Brophy

The Deer Isle Planning Board decided to table a sticky issue relating to a property in the Lily Pond Estates subdivision on Quaco Road pending advice from the town’s legal counsel.

A waiver was requested by Bennett and Chayce Gray on lot #1 on Echo Drive at the subdivision, located on Map 8, lot 104-1. The waiver was to grant exemption for a foundation which was poured partially in a 75-foot-wide wetland buffer strip. The buffer strip is meant to remain natural vegetation in part to help allow drainage to the Lily Pond.

The problem is whether the planning board has the authority to grant such a waiver, said code enforcement officer Hubert Billings.

Chairman of the planning board Jeremy Stewart said that when a subdivision is created, the town approves it along with a “whole set of regulations” for that subdivision. It’s not as simple as a violation of a deed restriction—which would be a civil matter—or as straightforward as a town ordinance—which would be a board matter.

The board tabled the issue to the July 18 meeting, pending input from the town attorney.

In other business, the board unanimously approved the following applications: First, a building and flood plain permit from Lance and Mary Jean Remsen to remove part of an existing camp and replace it within the 30 percent expansion limit on 65 Remsen Run, Map 13, lot 25. Second, a deck permit for Dana and Bobbi Billings, Map 9, lot 071. Third, a building and flood plain permit for Marjorie and Charles Loberg to install 35 feet of stone rip rap along an eroding coastline off Reach Rd., Map 12, lot 56 and 57. Fourth, a permit for a retaining wall to prevent erosion, rebuild a wooden walkway and repair septic system in Deer Isle village from the Nancy Atwell family, Map 23, lot 8. And finally, a building and land use permit from David and Lisa Kellner to build a private driveway to a house lot on Eaton’s Point Rd. in Sunshine, May 40, lot 1.