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DEP Officials Gives Greenville Planning Board Advice

May 28, 2008 - GREENVILLE -- With Moosehead Lake literally at the town's front door and with the community having been around for more than 150 years, decisions concerning new growth in the Shoreland zone are bound to be complicated. Last Wednesday, Rich Baker from the Department of Environmental Protection met with the Planning Board to help them clarify some thorny issues.

Questions arose earlier this spring when the board granted permission for Harry Kaiser to raze and build a camp that is just 10 feet from shore. Kaiser purchased the now-defunct Allagash Camps located on the tip of Burnt Jacket Peninsula and this move was part of phase 2 and 3 of his plan to completely rejuvenate the old facility into a private compound.

When Code Enforcement Officer Jack Hart contacted DEP about the board's decision, he was informed that DEP would appeal. Kaiser was informed of the state's objection and a special Planning Board meeting was called at which the decision was rescinded. Kaiser ended up being required to rebuild as far back as is practical, in this case 40 feet, according to Hart.

The case is a typical one to come before the board. The Shoreland zoning district extends 250 feet in from a body of water, including rivers and streams. The general setback is 100 feet, but in the village shoreland district in Greenville -- extending from Hofbauer's Flying Service through West Cove, roughly -- residential setbacks are reduced to 75 feet, commercial setbacks even closer at 25 feet.

Two other requirements exist to permit new buildings within the district: a lot must be 40,000 square feet in size and have 150 feet of shore frontage.

Any lot created after 1989 must have those dimensions or it cannot be built upon. However, any lot created before that time that does not meet that criteria is called nonconforming and may, in some cases, be built upon and or modified.

That's where things get fuzzy, Hart confessed, because while DEP's requirements seem absolute, boards have the leeway to make judgment calls in certain cases.

The wording that is the catchall is that a requirement needs to be enforced as far as it is practicable. In Kaiser's case, ledge and hill made it impractical to force him to build behind the 100 foot setback.

However, having him raze a camp without a foundation and replacing it on the spot -- within 10 feet of shore -- was not within DEP's margin of flexibility.

According to the law, a cottage may be moved on a lot, but in being moved, it must go back as far as is practicable. If a cottage is taken down entirely and there is no foundation, then it cannot be rebuilt on the same spot; it must be moved back as far as is practicable, Baker said. That is the thorn on which the original decision on the Kaiser plan snagged.

Another piece of information that Baker clarified is that a town can adopt an alternative to the 30% volume limit for expansion on a nonconforming structure. If a building is within 25 feet of the shore, than no expansion can occur, according to Hart. However, if the building lies within 25 to 75 feet of the water, then a town can allow an expansion that would result in 1000 square feet. That is, Hart explained, if someone wants to expand a 500 square-foot structure, he or she can do so, up to a maximum 500 square feet for a maximum of 1000 square feet.

Greenville is only considering such a change, Hart noted, adding that before such a move could be implemented, it would have to be written into an ordinance and approved by the voters.

This article appeared in the Moosehead Messenger, May 16, 2008.


Lakes: Moosehead Lake
Regions: Moosehead


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