While Mrs. Gina Mason was a member of
the Town Council, her husband Mr. Rick Mason applied for a “Conditional Use”
permit to operate his excavation business from his residence at 312 Ridge Road,
Lisbon Falls, back in March 9, 2011. This Application was approved by the Planning
Board on March 24, 2011 by a vote of 4-0.
The problem with this
application is that it is for a temporary condition and this application has no
expiration date. How can you have a
temporary condition without an expiration date?
Next, if you look at the form there is nothing listed in the
“Conditions” block? Again, how is it
possible to have a Conditional Use permit with no conditions? It kind of defeats the whole purpose; doesn’t
it?
312
Ridge Road is zoned as Rural Open I, so there are limited businesses that can
operated legally in this zone.
Excavating is not one of them but under the Table of Land Use it can
operate on a “Temporary” base. I have
included a copy of the Land Use Table that applies.
The Planning Board approved this
application without an expiration date on a temporary condition and never
listed any conditions. I do not believe this document is legal.
Now,
Mr. Mason came to a Town Council meeting and wants to sell automobiles from his
property. This is strictly forbidden by the Comprehensive Plan, the zoning for
Rural Open I, and the Table of Land Use. However, being a member of the “Good Old
Boys” network apparently has advantages as demonstrated by the Planning Board
approval for his excavating business.
Are
we going to allow the “Good Old Boys” network to continue to violate our
Comprehensive Plan, Zoning and Table of Land Use just to make one of its
members happy? The town is opening
itself to law suits just to appease members of their network. There
goes ours legal fees!!!!
The
Town Council and the Planning Board should be held accountable to ensure the
Comprehensive Plan, our Zoning, and the Table of Land Use is enforced by our
Code Enforcement Officer. The Code
Enforcement Officer has to have the complete support of the town in order to do
his job.
This will protect the town from law suits.
Larry Fillmore
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