Delay in appeal of Wiscasset deck decision
Two neighbors will have to wait to hear a town panel take up the appeal one of them brought against the Wiscasset Historic Preservation Commission’s decision to let the other build a deck.
“I’m disappointed, but it is what it is,” Jane Blanchard said Tuesday night after a meeting of the appeals board failed to draw a quorum of four members. David Sutter, Susan Van Alsenoy and Chairman Susan Blagden were there; however, Blagden said she would need to recuse herself because she also serves on the commission whose decision was being appealed.
Town Planner Ben Averill reset the appeals board meeting for 6 p.m. Wednesday, Oct. 5.
Pam Logan, the property owner building the deck, said she never got the notice Averill said he sent her about the appeal. She told officials she only knew about the meeting because the Wiscasset Newspaper had called to ask her about it. Then she saw the notice the town had on the newspaper’s website, but the notice initially gave a Sept. 26 meeting date, which was later changed to Sept. 27, Logan said. Averill said the notice was published online in time for the meeting to be held. Following questions from participants, Averill planned to review whether notices of appeals board meetings need to go in the print edition.
That item and others he would be checking on, regarding which members are still on the board, stem in part from the fact the appeals board rarely meets because very few of the town’s decisions get appealed, Averill said after Tuesday’s discussion. The board currently has four members, plus two alternates and one vacancy, Averill wrote in an email later Tuesday night.
Also in a brief interview after the night’s discussion, Logan said given the various notification issues she had just raised, a problem such as getting members together for a meeting did not surprise her.
Construction is under way for the deck at her house at 16 Fort Hill Street and will continue, Logan said.
Codes Enforcement Officer Stan Waltz said Friday that Logan has a building permit; under town rules, the appeal does not put the permit on hold, but he said as long as an appeal is pending, there’s always a chance the town could make new decisions. Depending on those, if the deck was already built, it might need to be removed, Waltz explained.
Blanchard, of 9 Bradbury Street, writes in her Aug. 24 application for the appeal: “I am appealing because I was not properly notified of the (commission’s) meeting on Aug. 4 for the certificate of appropriateness review. I am an abutter to 16 Fort Hill Street.”
In a phone interview Sept. 22, Blanchard said that in addition to the notification issue she is raising, she is concerned about noise and the deck’s size, which she called disproportionately large for Logan’s house. The home was recently featured in a Wiscasset Newspaper article describing it as “Wiscasset’s ‘Tiny House.’”
Logan’s application to the commission proposed extending an existing deck with a 12-by-12-foot one made with pressure-treated pine. The deck would have a railing and, on the east side, a four-foot-high lattice “replicating an image of the house which stood there one time in the mid-1800s ...,” the application states.
The commission approved Logan’s request Aug. 4.
The town created the commission in 2015. The panel recently began fielding property owners’ requests for certificates of appropriateness on projects. The deck decision is the first to spawn an appeal, Averill said.
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