Maine Alliance for Road Associations

28 Jun 2010 2:55 PM

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Message # 372713

Deleted user

Does anyone out there have experience in dealing with an illegal subdivision on a private road? We have formed a Statutory Road Association due to the Planning Board's urging to establish new criteria for a road that is inan illegal subdivision that was established without Town approval. I have many questions to ask. The Town would prefer that we (the SRA) handle this matter rather than them. Can we compel the Town to enforce the State of Maine (and their) laws and ordinance? Thanks!!

28 Jun 2010 3:21 PM

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Reply # 372730 on 372713

Deleted user

Rick Gilman wrote:Does anyone out there have experience in dealing with an illegal subdivision on a private road? We have formed a Statutory Road Association due to the Planning Board's urging to establish new criteria for a road that is inan illegal subdivision that was established without Town approval. I have many questions to ask. The Town would prefer that we (the SRA) handle this matter rather than them. Can we compel the Town to enforce the State of Maine (and their) laws and ordinance? Thanks!!

I'm not really clear on what the matter that the town would prefer the road association handle is, exactly. Could you elaborate? What laws and ordinances do you want enforced?

Bear in mind that a statutory road association really only has authority and jurisdiction over the maintenance of a private road and the collection of funds, material or labor to perform such maintenance. If these matters to be handled relate only to the maintenance of the road, perhaps the road association is the proper entity to involve.

28 Jun 2010 3:45 PM

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Reply # 372758 on 372713

Deleted user

An illegal subdivision was discovered after the fact, and impacts 3 of 8 lots only. No laws or ordinances were followed. The developer has refused to cooperate. The State and Town have enforcement criteria to compel the developer to submit an application, initial plan, etc. but none has been done. The Town would like us to submit our "criteria" so that they can approve it and then have us go after the developer rather than them.

28 Jun 2010 4:17 PM

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Reply # 372775 on 372758

Deleted user

Rick Gilman wrote:An illegal subdivision was discovered after the fact, and impacts 3 of 8 lots only. No laws or ordinances were followed. The developer has refused to cooperate. The State and Town have enforcement criteria to compel the developer to submit an application, initial plan, etc. but none has been done. The Town would like us to submit our "criteria" so that they can approve it and then have us go after the developer rather than them.

Criteria for what, exactly? Are you saying that the town wants the road association to obtain after-the-fact approval of the subdivision? If so, I cannot see how that could possibly fall under the very limited scope of the powers granted to a road association.

Indeed, even if the road association *wanted* to do as the town suggests, I cannot comprehend how it would have standing to do so -- it is neither the developer who created the subdivision, nor the owner of the subdivided parcels. It would have no more standing to submit plans for the subdivision than I do.

29 Jun 2010 11:58 AM

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Reply # 373257 on 372713

Deleted user

I need to back up and then go forward. Back in Mar 2010, the Planning Board declared that a 3 lot illegal subdivision existed. The developer submitted an application (minus the required fee) for a subdivision permit with two waivers; waiver of existing road construction standards, and waiver of existing right of way standards. The Board tabled the application until the developer and road association return with recommendations as to how the waivers can be incorporated into a workable plan for the future of the road. The developer has refused to meet with the road association. The current road does not meet Town subdivision standards. The road association has come up with recommendations (criteria) that are fair, reasonable, and less stringent than the Town standards. This criteria will be presented to the Planning Board at its July meeting. Casual conversations with "members in authority" reveal that when the Planning Board receives and reviews the criteria, they will approve the waivers to meet our suggestions, then declare that any enforcement belongs to our road association, not the Town, because the illegal subdivision is on a private road. The Town has stated that it will not take any legal or enforcement action to upgrade the road to their or our standards. They will not issue any permits to the 3 affected parcels. Going back to my original question, can we compel the Town to enforce the State of Maine and their laws and ordinances?

30 Jun 2010 6:19 AM

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Reply # 373762 on 372713

Anonymous member

Rick Gilman wrote:Does anyone out there have experience in dealing with an illegal subdivision on a private road? We have formed a Statutory Road Association due to the Planning Board's urging to establish new criteria for a road that is inan illegal subdivision that was established without Town approval. I have many questions to ask. The Town would prefer that we (the SRA) handle this matter rather than them. Can we compel the Town to enforce the State of Maine (and their) laws and ordinance? Thanks!!

I have no experience from dealing with an illegal subdivision on a private road. But I have read through your posts and it sounds to me like the town is trying to take the easy way out. If the contractor is the one who did the original wrongdoing, he is the one somebody needs to deal with. It sounds like the town wants you to do that. But did the contractor go against the town's rules originally or not? Yes, he did. The owners of the illegal lots have also been wronged, and maybe caveat emptor applies (Could/should they have known they were illegal? I don't know) but so has the town. It's that simple (actually, complicated), in my book. Don't know if this helps. Hope it does.

The questions on this board are getting harder and harder. This is the second time in a month I have thought to myself that the poster might well consult an attorney. And before this month, I never did. But I do think the board is getting lots of important questions answered well among its members. And maybe someone more knowledgeable than I will respond to this post.

30 Jun 2010 9:47 AM

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Reply # 373831 on 372713

Deleted user

The contractor and developer are the same person. Actually, it's just someone who bought property and sold 8 parcels along an old logging road. He retained a lot for himself and claimed to occupy a house built on the lot, which he never did. The Town spent lots of money on attorney's fees that resulted in the illegal 3 lot subdivision declaration. One would think that the Town would be eager to recoup monies already lost, but the opposite seems to be happening. Just to keep things interesting, his house and lot (one of the 3 in the illegal subdivision) are in the initial stages of foreclosure. Will the bank become responsible for correcting this situation? I appreciate your help and hope that more information and advice keep coming. Since we just established our road association, we have no money.

Illegal Subdivision