Planning board delays decision on Mr. Marin's shoreland rebuild after completeness review

Mr. Marin told the planning board that a microburst wiped out trees and heavily damaged a seasonal camp and a camper, and that the town manager had earlier issued a building permit that — he says — did not show an expiration date. "Trees took it down. I have some pictures," he said as he described months of delays caused by the pandemic, a serious personal injury and family legal matters.

A planning board member told Mr. Marin the panel would check whether the application is complete but cautioned that the town's ordinance treats pre-existing nonconforming uses strictly: "the ordinance states quite clearly that for a pre-existing non-conforming use, if it becomes uninhabited for over a year, then it cannot be rebuilt." The board said it lacks authority to waive that provision and noted appeal options — the board of appeals or a court — if the board later finds the one-year disuse rule applies.

Board members walked through paperwork the applicant must provide for a completeness determination: a stamped site plan prepared by a registered surveyor or engineer, a copy of the prior town-issued permit, a lot-coverage calculation showing existing and proposed coverage (the shoreland 20% cap was flagged), a septic-system design and any required waivers, and a proposed erosion-control plan. The board also said it will consult the town attorney about whether the >1-year disuse rule prevents approval before the applicant invests in a professionally sealed plan.

After listing missing items and next steps, a member moved to carry the application to the planning board's next meeting if Mr. Marin chooses to return. The motion was seconded and the board agreed to continue consideration while staff and legal counsel review the legal limits under the nonconforming-use rule. The board will notify the applicant of the specific checklist items to submit before a public hearing may be scheduled.