Lincolnville selectmen to hear about Levenseller Pond land use violations
LINCOLNVILLE — Levenseller Pond waterfront landowner Richard Rosenberg wants to talk to the selectmen about two land use violation notices he received, and subsequently appealed to the town's Board of Appeals, but the selectmen are being advised to decline discussion, as the legal direction for any such disputes is straight to Waldo Superior Court, bypassing selectmen.
Rosenberg, who went before the selectmen at their Sept. 24 meeting and asked them to intervene in a land use complaint against his neighbor, is returning to air his own case, in particular a stop-work order, when the board meets this evening. The meeting begins at 6 p.m. at the Lincolnville Central School.
According to the town, Rosenberg constructed a pier on Levenseller Pond without a permit, as well as something else on the shore, each without a permit. Rosenberg said he was building a houseboat on the shore, not a house, according to meeting minutes. Lincolnville's Code Enforcement Officer issued a stop work order in August. Rosenberg appealed the stop work order to the Board of Appeals. At its Oct. 11 meeting, the Board of Appeals upheld CEO order. Now Rosenberg wants to discuss that decision with the selectmen.
Although Rosenberg's request to talk is on the agenda, Town Administrator David Kinney is advising the selectmen to refrain from discussing that particular issue.
"The Board of Selectmen has no jurisdiction over this matter and the appeal period for Mr. Rosenberg to appeal the Board of Appeals decision to Superior Court is still open," he wrote in a pre-meeting newsletter to the selectmen. "Therefore, I recommend that the board not engage in any discussion on this matter or make any motions or take any votes."
In other town business, the selectmen will:
- Consider contracting with an architect and engineer to proceed with the town office renovation project that was approved Nov. 6 by voters at the polls. The selectmen will review and possible act on a proposed $46,733 contract with 2A Architects to assist the town with the design development through the construction administration of the expansion project.
- Hear an update from the Route 1 Advisory Committee
- Review options for gaining access to the Kendall Cemetery. Wendell Wilson, a relative of Harriet Wilson, who is buried in the cemetery, hopes to maintain the cemetery, which is off of North Cobbtown Road. Wendell Wilson lives in Arizona. The cemetery trustees have urged the selectmen to direct Kinney to write a letter to property owner David Pattullo, who owns land surrounding the cemetery, asking for permission to access the cemetery. According to Kinney, Pattullo declined the request.
Now, the cemetery trustees are are asking the selectmen to pursue gaining access, and Kinney is suggesting the board meets with its town attorney at a future meeting behind closed doors with our without the trustees to discuss the matter further. - Consider cancelling the Dec. 24 regularly scheduled selectmen's meeting.
"With Christmas Eve being on Monday, Dec. 24, it is unlikely that anyone will want to attend a Board of Selectmen’s meeting and traditionally this is a very slow time of year for business," wrote Kinney. "Therefore, I’m suggesting that a regular board meeting not be held and that only the payroll warrant and treasurer’s warrant be approved at some point during the last week of December."
The town office will be closing at noon on Christmas Eve, and closed on Christmas. Normal office hours will resume on Wednesday, Dec. 26.
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