Appeals Board Unable To Help In Property Line Dispute—Court Next?
(Lamoine) — When Teresa Rohner came home from work on August 12th she found big earth moving machines had built a subdivision road only a few yards from the back door of her residence, pulling down bushes, a big pine tree and digging up her pet cemetery. Needless to say, she was quite perplexed and quickly called the Lamoine Town Hall to find out what was going on.
The road is part of the Pine Grove subdivision being developed by Rohner's neighbor, Ronald Simons. The subdivision was approved in November 2003 by the Lamoine Planning Board following a public hearing. It turns out Ms. Rohner did not receive the certified mail informing all the abutting property owners of the subdivision plan and hearing. Whether her attendance at the hearing would have prevented approval of the subdivision plan is not known. Neither, as of late September, is the exact location of the property line between Ms. Rohner and Mr. Simons. Two long evening meetings by the Board of Appeals produced no resolution to the problem, as the Appeals Board determined it did not have the authority to grant Ms. Rohner's request to shut down construction.
The case has two major focuses—the fact the subdivision road is too close to Ms. Rohner's trailer and the lack of notice in regard to the subdivision plan. Attorneys from Maine Municipal Association answered the latter saying the courts frown on appeals filed well after the filing period has expired. Ms. Rohner asked the Appeals Board to immediately order Mr. Simons to stop work.
Mr. Simons testified that he has voluntarily stopped work on the road near the mobile home until his survey company can confirm where the property lines are located. The original subdivision plan showed Ms. Rohner's home well back from the road and the property line, as did a building permit submitted by Ms. Rohner a few years ago. The Appeals Board advised Ms. Rohner they are unable to resolve boundary disputes which are within the jurisdiction of the court system.
The Planning Board recently approved an extension for Mr. Simons to complete construction of the subdivision, giving another year. The Building and Land Use Ordinance was amended in April granting the Planning Board authority to grant such extensions without public hearing. Any change to the plan, though, must go through the hearing process. |