Neighbors, code officer differ over shoreland shed; town staff say permit not revocable

Summary

A neighbor dispute over a shed built near the shoreland setback prompted a review. Staff said the building permit was issued and counsel advised the town it could not revoke a properly issued permit; administrative appeal windows were missed and the matter is now in the realm of private legal remedies and neighbor negotiation.

A neighboring-property complaint about a shed near the shoreland setback prompted a discussion of the town's authority and appeal process. Planning and code enforcement staff said a building permit had been issued for the shed and that the property owner later sought a variance but withdrew. An abutter later complained the shed blocks sightlines and the abutter asked the town for remedial action.

Staff said they had consulted the town attorney and were advised that a properly issued building permit cannot be revoked administratively and that administrative appeals (which must be filed within 30 days of a decision) had not been filed in the required time window. The town attorney's guidance, staff said, left the matter as one between private neighbors with legal recourse outside the municipal enforcement process.

Staff indicated they had met with both parties and attempted mediation and that they will document the file and advise both sides of available remedies; the board did not direct staff to take further enforcement action because counsel advised the permit was properly issued.