Opinion

Sanborn v. Town of Gray

Court
Superior Court of Maine
Filed
Jan 25, 2002
Status
Unpublished
On the bench
Nancy Mills
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

35 SUPERIOR COURT

STATE OF MAINE oe OS

ee etl CIVIL ACTION

CUMBERLAND, ss

one -\, snq DOCKET NO. POR-AP-00-009

Jax 25 AN OZ yap Crs W/o 8.

MARK SANBORN, et al,

Plaintiffs

Vv. DECISION AND ORDER

TOWN OF GRAY, et al,

Defendants

The plaintiffs appeal the decision of the Town of Gray Zoning Board of

Appeals (ZBA), in which the ZBA granted defendant Sullivan’s appeal and variance

request. For the following reasons, the decision of the ZBA is reversed.’

Defendant Sullivan owns property in the Shoreland Zone of Gray. In 1987,

defendant Sullivan erected a shed on the property but did not acquire a building

permit. The Ordinance in effect in 1987 required a 75-foot setback from the high

water line of a body of water and a building permit for any principal or accessory

structure. See Record, Ex. H.

In 1999, the Code Enforcement Officer for the Town of Gray sent a notice of

violation to defendant Sullivan and informed defendant Sullivan that the shed on

his property was in violation of the Town of Gray Building Code and the Town of

Gray Shoreland Zoning Ordinance. See Record, Ex. B. Defendant Sullivan wrote to

the Code Enforcement Officer and requested that the town grant him a variance so

1 The defendants did not file a brief.

that the shed could remain on defendant Sullivan’s property. See Record, Ex. C.

Defendant Sullivan also applied to the ZBA for a variance. See Record, Ex. A. After

two hearings, the ZBA voted in favor of a motion to “grant the appeal of the

decision of the C.E.O.” See Record, Ex. E. The chairman of the ZBA also signed a

“Certificate of Zoning Variance Approval,” which provided “Variance and

Conditions of Variance: to grant appeal of the decision of the C.E.O.” See Record,

Ex. F.

There is no evidence in the record to support the grant of a variance. See

Record, Ex. D at 5-6; Record, Ex. E; Record, Ex. G at 36; Record, Attachment 1 at 86-87;

Goldstein v. City of South Portland, 1999 ME 66, J 4, 728 A.2d 164, 165. There is no

evidence in the record to support a finding, if made, that the shed was a non-

conforming structure and not subject to the setback requirements of the ordinance.

See Record, Ex. B; Record, Ex. D at 5-6; Record, Ex. E; Record, Ex. G at 4; Record, Ex. H,

{1i; Record, Attachment i at 83.

The entry is

The Decision of the Town of Gray Zoning Board of

Appeals is REVERSED.

Date: January 24, 2002

Nancy Mills, V

Chief Justice, Superior Court

Date Filed 94-31-00

Action APPEAL - 80(b)

MARK SANBORN

JOHN GOOSETREY

GERALD GRANT

RONALD NORTON

PAMELA WILKINSON

Plaintiff’s Attorney

WILLIAM H. DALE, ESQ.

NATALIE L. BURNS, ESQ.

P.O. BOX 4510

PORTLAND, MAINE 04112

CUMBERLAND

County

Docket No. AP-00-009

THE TOWN OF GRAY

THOMAS REINSBOROUGH

JAMES A. SULLIVAN

Defendant’s Attorney

KEVIN GRIMES, ESQ. (Sullivan)

82 PORTLAND ROAD

KENNEBUNK, MAINE 04043

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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