Opinion

Town of Castine v. Maine Maritime Academy

Court
Superior Court of Maine
Filed
Jan 13, 2009
Status
Unpublished
On the bench
Kevin M. Cuddy
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

STATE OF MAINE SUPERIOR COURT

HANCOCK, ss: CIVIL ACTION

DOCKET NO. CVi07~085

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TOWN OF CASTINE,

Plaintiff,

v. DECISION AND ORDER

MAINE MARITIME ACADEMY,

Defendant.

The plaintiff, Town of Castine ("the Town") has filed

an action for a declaratory judgment. The Town has asked

this Court to declare that the use proposed by the

defendant, Maine Maritime Academy ("MMA") of a property in

Village District III would violate the Town's zoning

ordinance. The parties have agreed that a trial is

unnecessary and that this matter be resolved based solely

upon their respective briefing and exhibits submitted

therewith.

BACKGROUND

MMA is a public post-secondary school located in the

Town's Institutional Development District. In 2007 it

purchased a property referred to as the Abbott House, which

is located across Battle Street from the MMA campus and is

within village District III. The house was purchased in

order to serve as a residence for the president of MMA.

The Town's zoning ordinance prohibits uses characterized as

"post-secondary schools" in Village District III and the

Town argues that this prohibits MMA's proposed use of the

Abbott House.

The Town points out that the current residence of

MMA's president, the Wyman House, has historically been

used for more than residential purposes. It notes that

during the past few years a number of receptions have been

hosted at the Wyman House, particularly receptions for

MMA's trustees. MMA's president confirmed such uses in his

deposition testimony; however, he indicated that the Abbott

House would be used less for such purposes than the Wyman

House. He indicated that MMA would continue to use the

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Wyman House for some functions and that the Abbott House

would be used more truly as a residence.

DISCUSSION

The Town requests that this Court declare that "the

use of the Abbott House by [MMA] solely as a residence for

its president, or for any expanded [MMA] uses, is a

violation of the Zoning Ordinance of the Town of Castine."

PI.'s Cmpl. at 3. The Town misconstrues the effect of the

zoning ordinance in requesting such relief. If the Abbott

House is used solely as a residence then its use is not

institutional. A zoning ordinance restricts uses not

ownership. See 83 Am. Jur. 2d Zoning and Planning § 156 at

174 (2003) ("Both zoning in general and 'uses' in

particular focus on how a building or parcel of land is

utilized, not upon who receives the benefit from that

use."). MMA is no more restricted from owning and

maintaining a residence in Village District III than any

other person or entity. Therefore, the Court herein

determines that use of the Abbott house solely as a

residence for MMA's president does not violate the

ordinance.

The Town also expresses concern that the Abbott House

will be used more expansively by MMA, not just as a

residence. Such concern by the Town is well-founded. The

current president of MMA indicated during his deposition

testimony that he believed that the Abbott House would be

used more exclusively as a residence with many of the

functions that have been historically held in his horne

continuing to be held in the Wyman House. However, the

Town has good reason to be skeptical. In a document

prepared by the current president to address some of the

Town's concerns, he indicated that the move would permit

MMA to "convert the [Wyman House] for use by alumni

affairs, career services, cooperative education and cadet

shipping offices." The document also indicated that the

purchase of the Abbott House would free up space through

the "conversion of the current president's house for office

use." It is unclear how trustee receptions and other such

functions could continue to be held in a building that had

been converted into office space. Based upon such concern

the Town has asked the Court to declare that expanded uses

of the Abbott House for events such as trustee receptions

violate the Town's zoning ordinance.

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The Abbott House is located in Village District III

where a strictly residential use is clearly permitted but

where a post-secondary school use is clearly prohibited.

The current use of the Wyman House falls somewhere in

between. Any use by MMA of the Abbott House beyond that of

a residence would be prohibited unless it was merely

incidental or accessory to its use of the structure as a

residence. The Town's zoning ordinance defines an

accessory use as follows.

A use .•• which is incidental and subordinate to

the principal use or structure. Accessory uses,

when aggregated shall not subordinate the

principal use of the lot.

Zoning Ordinance of the Town of Castine, Article 15. The

principal use of the Abbott House must be as a residence.

The ordinance defines principal use as follows.

A use other than one which is wholly incidental

or accessory to another use on the same premises.

Zoning Ordinance of the Town of Castine, Article 15.

Whether the use of the Abbott House as a place for MMA

functions will be accessory or principal can only be

determined through inquiry into the facts of specific uses.

The Court is unable to make such an inquiry based upon the

record before it.

ThUS, it can be seen that the application to a

particular situation of the concept of accessory

use or structure as defined by the instant zoning

ordinance may often present and depend upon

questions of fact for initial administrative

determination by building inspectors and zoning

board of appeals officials, even though the

meaning of terms or expressions in zoning

ordinances is a question of construction and one

of law for the Court.

Town of Shapleigh v. Shikles, 427 A.2d 460, 465 (Me. 1981).

This Court notes as a matter of law the Abbott House may be

used as a residence for MMA's president as its principal

use. Further, MMA may utilize the Abbott House for uses,

which are accessory to its use as a residence. Just as any

other homeowner in Village District III, MMA may entertain

guests and hold parties at the house. This being said,

there is a line that if crossed would result in a zoning

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violation by MMA. If MMA's use of the Abbott House is more

than accessory to its use as a residence then it will be in

violation of the zoning ordinance. Determining exactly

where the line between compliance and noncompliance lies

depends on "questions of fact for initial administrative

determination." Id. Adequate facts are not presently

before the Court to make such a determination; therefore,

the Court declines to declare that any specific use or uses

constitute a zoning violation under the Town's ordinance.

The Court has also considered MMA's arguments that the

Town's ordinance is invalid and that this case is not ripe

for decision and finds them unavailing.

CONCLUSION

The Court declares that the Town's zoning ordinance

does not prohibit use of the Abbott House as a residence by

MMA. The Court further declares that the Town's zoning

ordinance prohibits non-accessory institutional uses of the

Abbott House by MMA.

This order is incorporated into the docket by

reference pursuant to M.R. Civ. P. 79(a).

Dated: January 13, 2009

RECEIVED & FILED

JAN 13 2009

HANCOCK COUNTY

COURTS

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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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