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02-06-2007, 11:39 AM | #1 |
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Zoning Laws
Before I start paying out lawyers fees I would like to find out if anyone from the forum has run into this issue.
We were planning on building a stone/retaining wall along our property line, about 3 feet high and 100 feet long. The town told us that we had to be setback 10 feet from the property line because it was considered a structure. Whats the point of a having a boundary wall if you lose 10' of your yard. Any one else ever hear of this happening. |
02-06-2007, 11:55 AM | #2 |
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Are you planing to build a free standing stone wall or a retaining wall which will hold back material, like fill or cut materials?
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02-06-2007, 01:46 PM | #3 |
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Retaining Wall
There would be fill on one side so it would classify as a retaining wall.
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02-06-2007, 04:21 PM | #4 |
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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.
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02-06-2007, 05:28 PM | #5 | |
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Quote:
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" |
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02-07-2007, 07:12 AM | #6 |
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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.
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02-07-2007, 09:06 AM | #7 |
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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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