Planning board conditionally approves 30% expansion of nonconforming garage at 21 Winona Ave

The Old Orchard Beach Planning Board voted to conditionally approve an application by Cynthia Lyons to tear down and rebuild a nonconforming garage at 21 Winona Ave, allowing a 30% expansion, after a public hearing on March 12, 2026.

The decision follows competing public comments from nearby property owners and an attorney representing an abutter. John Ladding, owner of 19 Winona, urged the board to deny the project, saying the proposed rebuilt structure is “only a few feet away” from his cottage, would increase runoff and flood risk by changing from gravel to a slab foundation, block solar access and views, and create fire and safety hazards. Attorney Neil Weinstein, representing Ladding, argued the garage is not damaged beyond the thresholds that permit rebuilding of a nonconforming structure and said adding power and a second floor could amount to a change of use difficult for the town to enforce.

Cynthia Lyons, the deeded owner, told the board the existing garage has been repeatedly flooded and that the rebuild is intended to provide protected storage and comply with applicable code; she said the family suffered substantial losses from historic floods and that they have worked with an architect and civil engineer to design the proposed structure. A neighbor across the street, Joyce Provencher, told the board she supports the project and believes it will enhance the neighborhood.

Planning staff clarified the application is for a conditional use under Shoreland zoning—not a variance—and that the proposal does not increase lot coverage because the expansion is vertical. The board noted the project is outside the High Annual Tide (HAT) mapping in this application, and that building permits, code enforcement and any required state environmental or flood-hazard permits must be obtained after planning approval. During discussion the board cited the typical 10-foot fire separation guideline used by the state fire marshal as the standard the building inspector and permit review would apply.

A motion to conditionally approve the application passed; the board read the conditions on the record that required: (1) applicable Maine Department of Environmental Protection permits be approved before construction begins and (2) applicable flood-hazard development permits be approved before construction begins. The board’s summary tally for the vote was recorded as 3–2–1 and the chair declared the motion passed. The transcript does not record an itemized, member-by-member vote for the final tally in the public record provided here.

Next steps: the applicant must secure the listed state and town permits and any required building permits; code enforcement will review setbacks and fire separation at permit stage. Any appeal rights would follow the board’s decision timetable and applicable town procedures.