Zoning Laws

codeman671 · 02-06-2007, 06:28 PM

Quote:

Originally Posted by shore things

Then it would be considered a structure under the Comprehensive Shoreland Protection Act as well. Stonewalls that are "free standing" are considered fences and would be exempt.

Is in fact the wall in question on a lot near the water? I did not see anything in the original post that the lot was abutting the lake in which case the CSPA would not be applicable.

I do not know the poster so I am not sure where the lot is located, unless I should take a clue by the name "onthebay"

Onshore · 02-07-2007, 08:12 AM

Sorry, I had thought his question was whether anyone was familiar with other examples of ordinances or laws under which a retaining wall would be a structure that would need to meet a setback. I did not intend to speak specifically to his lot.

onthebay · 02-07-2007, 10:06 AM

The lot does fall under shoreland protection but that isn't the issue. It is within guidlines and DES has given us a written opinion that it is okay. It is the setback to the abutter that the town has a problem with.
It either sounds like we need to do a freestanding wall or apply for a variance and get the abutter to agree (which they already have)

02-07-2007, 10:06 AM	#3
onthebay Senior Member Join Date: Sep 2005 Posts: 114 Thanks: 0 Thanked 3 Times in 2 Posts	Wall The lot does fall under shoreland protection but that isn't the issue. It is within guidlines and DES has given us a written opinion that it is okay. It is the setback to the abutter that the town has a problem with. It either sounds like we need to do a freestanding wall or apply for a variance and get the abutter to agree (which they already have)

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02-07-2007, 08:12 AM	#2
Onshore Senior Member Join Date: Apr 2004 Posts: 505 Thanks: 12 Thanked 428 Times in 147 Posts	Sorry, I had thought his question was whether anyone was familiar with other examples of ordinances or laws under which a retaining wall would be a structure that would need to meet a setback. I did not intend to speak specifically to his lot.