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Limington Maine
Topic: Referendum Question Two
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Referendum Question 2:
Proposal to give authority to CEO for setbacks of multi-family dwellings in the Commercial District.
Posted 02/22/00

View Ballot         View Full Text of Amendment

History:

      The 1997 Zoning Ordinance grants the authority to the CEO to issue building permits for multi-family dwellings in the Commercial District.  However, the ordinance allows only for the Planning Board to determine the setback requirements for these buildings (on a case by case basis).  The CEO and Planning Board felt that this was inconsistent and instead felt that the CEO should be allowed to issue the permit as long as the setbacks were as least as large as those in the Rural district.  An applicant could still ask the Planning Board to approve smaller setbacks.

      The setback requirements in the Rural district are 50 feet from a public road, 30 feet from any side line, and 30 feet from the rear line.

      Please note that unless exempted by state law, all multi-family units with three or more dwelling units are required to be reviewed by the Planning Board under the local and state subdivision regulations.  Therefore, this change will usually only affect duplex dwelling units.

      This change was proposed by the Limington Code Enforcement Officer (CEO), Freeman Abbott.


Responses:


Russell Peter Berg - captberg@topcops.com - posted 3/3/00
It has been my observation that the town codes are being enforced selectively.

Witness: for years now, a perpetual yard sale, DBA "The Retired Farmer," which, for all intents and purposes, is a home business or occupation on route 11.  The front yard, especially in summer, is a fright!  And now our beautiful new Municipal Complex stands right next to it.  Further up the road on the left is another situation that appears to be a "sometimes" used car lot.

Moreover, there are junk strewn front yards along route 25 which are a blight on the community; for example the long time abomination next to the Gulf station, and recently another junk yard growing on the other side of route 25 close to the Dewitt residence.  There are other areas along route 25 and elsewhere in town that are a disgrace, but nothing is being done about these.

These things make me question the intestinal fortitude of the incumbent CEO.  Moreover, there is around town, a growing concern over the justification for certain permits, the dollar amount for some, as well as the professional "trades" qualifications of the incumbent.

The current controversy, concerning a proposed low income housing development, ostensibly to consist of several duplexes in the field west of the old Edgecomb property, is suspect.  Why is it just now surfacing to the public on the eve of voting?

Why were these proposed changes not published in the Shoppers Guide well in advance of voting so that townspeople would have sufficient time to intelligently consider them?

To place further authority in these matters in the hands of one man alone, regardless of professional qualifications, is unjustifiable and fraught with danger.  The right of citizens to public hearings in such matters ought not to be infringed, to do otherwise lends itself to suspicion of purpose.

We now have in place, a Board of Appeals and a Planning Board staffed by competent and dedicated citizens.  Why take chances by making these changes?  Why were these Zoning changes requested by the Code Enforcement Officer and not the Planning Board??

Finally, my Direct TV antenna (technically classified as satellite receiving dish) on a pressure treated 4x4 sunk in my back yard is NOT a STRUCTURE - thank you!  I wonder how much the CEO would charge for these little dishes if the changes are approved.


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