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Old Orchard Beach board denies appeal to add large garage at 11 Blaine Road after neighbors cite flooding, DEP concerns
Summary
The Board of Appeals on March 30 denied a request to build a large two‑car garage at 11 Blaine Road after neighbors raised drainage, lot‑coverage and shoreline concerns and cited DEP rejections and deed setbacks. The applicant said he is working with DEP and will add gutters and rain barrels to mitigate runoff.
The Old Orchard Beach Board of Appeals on March 30 disapproved an appeal that would have allowed construction of a large two‑car garage at 11 Blaine Road, ruling against the applicant after extended public comment and debate over shoreline setbacks, lot coverage and flood‑zone protections.
Ron Sabin, the applicant, presented a revised plan that he said reduced the prior footprint and reflected ongoing review with the Department of Environmental Protection (DEP). Sabin emphasized the board measures setbacks to the roof drip line rather than the foundation and told the board he plans to install gutters and rain barrels and to bury downspouts to direct runoff into crushed rock as a mitigation measure. "I'm willing to put gutters with rain barrels at the bottom to catch the water," Sabin said during his presentation and rebuttal.
Neighbors and abutters urged denial. "We're concerned that we're taking up land that could be used for absorption," Karen Rehan told the board, citing repeated flooding along Seaside and New Salt Road and saying many neighbors submitted written objections. Roger Nielsen, who identified himself as an abutter, told the board he had reviewed town code and deed records and listed multiple provisions he said the proposal failed to satisfy, including shoreland setback and lot‑coverage rules and DEP grounds for prior rejection. Nielsen read citations to town ordinance sections and DEP comments and said 12 abutters had filed letters opposing the application.
Board members debated whether the applicant had demonstrated the regulatory criteria for a limited reduction of yard size and limited expansion of lot coverage — specifically whether the reduction was "reasonably necessary" to permit use comparable to similar properties and whether granting relief would materially increase neighborhood impacts. The board recorded a motion and second to disapprove the appeal; following recorded votes the chair announced the appeal was disapproved.
The applicant and several supporters argued the project would be constructed with permits and built to code. "We do everything by the books," Jennifer Sabin said in rebuttal. Sabin also said he had worked with town staff to verify existing dimensions and expected further review from DEP on flood elevation and any fill. Town staff and the chair reminded attendees that appeals from an adverse decision may be filed in superior court within 45 days.
Why it matters: The hearing brought local land‑use, shoreline and flood‑management rules into sharp focus for a neighborhood that residents say already struggles with standing water. Neighbors emphasized public‑safety risks for pedestrians and children where roadway flooding occurs, while the applicant said the garage would include stormwater mitigation and that nearby public works projects may relieve some drainage problems.
What happens next: The board's written decision and paperwork will reflect the vote. The applicant may revise plans, continue working with DEP and reapply or pursue an appeal as provided by ordinance and state law.
