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Sebago board conditionally approves side-setback variance to clear title for 676 Sebago Road
Summary
The Sebago Board of Appeals voted June 17 to grant HFY Enterprises a conditional side-setback variance of up to 3 feet for a house at 676 Sebago Road to resolve conflicting survey measurements and allow a pending sale; the exact variance will be determined by staff and must be recorded by June 24, 2026.
The Sebago Board of Appeals voted June 17 to grant HFY Enterprises a conditional variance of up to 3 feet on the side setback for a house at 676 Sebago Road to resolve a title issue and enable a pending sale.
The board heard that the home was permitted Feb. 1, 2023, and received a certificate of occupancy July 2, 2024. HFY Enterprises, which purchased the property Sept. 26, 2023, told the board that a mortgage-inspection plan prepared for the buyer’s lender flagged an apparent setback violation and held up the closing. The applicant said the original surveyor later told them the house is about 17 feet from the lot line but that the mortgage inspection produced a lower measurement. "If he'd known where the pins were in the first place, he wouldn't even have brought it up as being an issue," the applicant said, describing conflicting checks and the buyer’s lender-driven re-inspection.
Board members emphasized that mortgage-inspection plans carry a disclaimer and are not equivalent to a boundary survey. One member said the company’s own materials state that such plans "should not be used for construction or boundary line determinations." Members discussed the cost (roughly $3,500–$4,500, per the applicant) and delay that a full boundary survey could add before closing.
To resolve the immediate title and lending hold-up while avoiding an overly broad fix, the board adopted a motion narrowly limiting relief. The motion, as read aloud at the meeting, grants a variance of up to 3 feet maximum for construction of a new house permitted in 2023 and CO'd in 2024; the variance is "for the sole purpose of satisfying the side setback of 15 ft not for any additional construction." The town CEO and the applicant must determine the precise variance amount by June 24, 2026, and prepare the variance for recording at the Cumberland County Registry of Deeds. The motion specifies that if the variance requirement is more than 3 feet, a variance will not be granted and a formal boundary survey will be required.
The board voted by show of hands; Angel Plummer, Kathy Green and Bruce Hart voted in favor and the motion passed 3–0. After the vote, staff agreed to visit the site with the homeowner’s representative, locate iron pins and string a tape to determine the exact measurement so the variance can be finalized and recorded.
What happens next: staff and the applicant will complete a site measurement and the CEO will set the exact variance amount by June 24, 2026. If a needed variance exceeds 3 feet, the board’s motion requires a formal boundary survey and the variance will not be recorded until that requirement is met.
