Westport Island asked to reconsider appeals decision

The Westport Island Board of Appeals has received a motion from Deirdre Dunlap and Dianne Richardson Roberts to reconsider the board’s decision to deny their appeal to revoke a building permit issued to George Richardson III.

The board of appeals voted to deny their appeal Oct. 29, in a 3-2 vote, with Chairman Neil Cavanaugh breaking a tie vote.

The board will meet Tuesday, November 24, at 6:30 p.m. to review the two motions presented by Attorney Jessica Avery from Stinson Law Offices, who is representing Dunlap and Roberts in the request for reconsideration. She also represented them in the original appeal.

The board of appeals was asked to revoke the building permit because the acreage of the lot Richardson owns doesn’t contain the two acres necessary to build a house, and because his driveway should not be considered his land.

According to the board’s decision to deny the appeal on October 29, the applicants did not meet the burden of proof, and they concluded that the portion of Dewey Way, owned by Richardson, is a driveway, not a road.

According to the motion presented for reconsideration, by Dunlap, the board of appeals failed to provide due process to all parties because:

"The board failed to allow Dianne Roberts, (who lives in Wellington, Alabama) to participate in the hearing on October 29 via speakerphone."

"Due to the confusion as to the Notice of the Board of Appeals Public Notice hearing being omitted from the paper, it was not known for sure until Monday, October 26 if the hearing would take place, as the chair had to obtain an opinion from the Maine Municipal Association."

Dunlap further claims the board failed to make proper findings as required by Shoreland Zoning ordinance. "Said findings are insufficient for a court to perform a meaningful review of the board’s decision," according to the written motion.

"The board is further required to determine, pursuant to Shoreland Zoning Ordinance that ‘land below the normal high-water line of a water body or upland edge of a wetland, or land beneath roads serving more than two lots shall not be included toward calculating minimum lot size."

The board also failed to provide due process by not allowing her to be heard by speakerphone, the motion says.

Also, the motion says, "The bias of two members of the board by asserting that since Richardson was paying taxes of [sic] the portion of Dewey Cove Road at the beginning of his property line, it should be considered his land."

"The board failed to read and or consider any of the substantial evidence or documentation presented by parties other than that presented on behalf of George Richardson III. The findings of the town of Westport Zoning Board of Appeals are an abuse of discretion, and error of law and unsupported by substantial evidence in the record,"

The board of appeals held a workshop meeting Thursday, November 12. The motions for reconsideration were distributed to the members. It was decided to hold a meeting to review the motions, then decide if new evidence has been submitted to warrant reconsideration.

According to board of appeals member Art Ballard, unless new evidence is presented, the board will take no action.