Scarborough ZBA Denies Two Rod Road Appeal, Approves Farm Exceptions

The Scarborough Zoning Board of Appeals voted 3-0 on October 14 to deny an administrative appeal from the owners of 121 and 151 Two Rod Road, who argued the town's August zoning verification letter failed to state which zone governs their undeveloped land. The board also approved a shoreland setback determination, a limited yard size reduction for a Rocky Hill Road porch, three special exceptions for Fresh Pickens Farm, and a variance for a Garrison Lane roof project. Members agreed they had jurisdiction over the Two Rod Road appeal before rejecting it on the merits.

Key points

• The board voted 3-0 to deny the Two Rod Road appeal, finding the town's August 18 zoning verification letter was appropriate; the applicant had asked the board to confirm no light industrial election had occurred and to correct the letter.
• Town counsel argued the board lacked jurisdiction because the letter came from the planning director, not the code enforcement officer; the board disagreed and proceeded to the merits.
• A Two Rod Road neighbor urged the board to uphold the planning director's determination, citing the applicant's prior statements and applications identifying the property as light industrial.
• The board approved a shoreland setback determination for a Higgins Beach property owned by White Sands LLC, relying on staff findings for the building envelope.
• The board approved special exceptions for Fresh Pickens Farm at 162 Spurwink Road covering employee housing, up to five camping tent platforms, and commercial outdoor recreation, with a neighbor speaking in favor.
• The board granted a variance for 616 Garrison Lane to raise an addition roof by about five and a half feet to address water infiltration, after tabling the request in June for more information.

Next steps

• Written findings for the Two Rod Road appeal decision are expected to be approved at a future meeting.
• Fresh Pickens Farm's proposal will go to the Planning Board for major site plan review, including parking, traffic, wastewater, and public safety details.
• Board member noted they do not plan to seek renewal of their appointment.

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