Milo selectmen discuss building setback issues

MILO – To be consistent with past practices, selectmen voted Thursday to send a letter to a local couple advising that their garage at 8 Willow St. was not in compliance with state law.

The homeowners’ garage apparently has been on the property for four or five years, but it does not meet the 15-foot setback requirement, board Chairman Jerry Brown said Thursday.

A similar problem occurred several months ago with another property owner. At that time, Town Manager Jane Jones told selectmen that the town’s attorney had recommended a letter be sent advising the homeowner, who had purchased the property with the nonconforming building on it, that action must be taken to comply with the law. The board sent the letter, and the homeowner complied and removed the building in question.

Brown, who also is acting town manager while Jane Jones completes 45 days of ordered administrative leave, said he had contacted the town’s attorney about the Willow Street matter and was told the town did not need to send a letter or take any action.

The conflicting statements left selectmen no choice but to authorize Thursday’s letter in an effort to be fair.

Selectman Tony Hamlin said variances were not considered in these two cases because the board was told it could not be carried over to new property owners.

Until the town adopts a comprehensive plan, the board has no enforcement powers in matters like this, according to Brown. He said the town probably doesn’t have a street without a similar violation.

Planning board member Jeffrey Gahagan said his board has no powers at all. “We merely make recommendations and dump them into the laps of the selectmen,” he said Thursday. He stressed the town needed a qualified code enforcement officer to follow up on requested building permits.

Brown warned that should this case go to court, it will cost the town money. “Our legal fees are getting to be out of hand,” he said.

Realizing that the town had not received a $500,000 federal grant promised about three years ago for the Industrial Park, Brown researched the matter and found the town had not yet completed its obligation. He said the project has since been advertised to fulfill the obligation and the town can expect the funds in about 30 days. The money must be used for the construction of roads, parking and lighting.

A request from Three Rivers Kiwanis Club to build a storage facility on 1 to 2 acres in the Industrial Park was discussed briefly. Selectmen will investigate the stipulations in the federal and state grants on the park before the request is considered.

Selectmen also voted on Thursday to place 11 tax-acquired properties out to bid.