Hampden council advances dangerous-building action, subdivision appeal change

The Hampden Town Council voted 6-0, with one member absent, to authorize the town manager and code enforcement officer to work with the town attorney on resolving a dangerous building at 131 Old County Road. The council also voted 6-0 to ask the Planning Board to amend the subdivision ordinance to add a local appeals step before court challenges, over staff objections.

Key points

• Council voted 6-0, one absent, to authorize the town manager and code enforcement officer to work with the town attorney and proceed with notice and other requirements to resolve the dangerous building at 131 Old County Road.
• Code enforcement staff said the Old County Road building has roof holes, animal entry, and squatters, and that the owner has not been reachable; certified mailings were returned, though property taxes are still paid monthly.
• Councilor Dennis Marble moved to request the Planning Board develop an amendment to subdivision ordinance section 3.5 creating a record-based appellate review of final subdivision decisions by the Board of Appeals.
• Councilor Eric Jarvi amended the motion to make it an actionable directive to amend section 3.5 and to specify the review would come before a Rule 80B court action; the amendment passed 6-0, one absent.
• Town staff said they opposed the change, citing MMA attorney input that a local intermediate step can add delay and that the current process has worked since 2006.
• Resident Ron Hajdu of 85 Summer Street spoke in support, saying the appeals board would review procedure, not facts, and that court appeals in Maine average about 134 days.
• The amended motion passed 6-0, one absent.

Next steps

• The Planning Board will consider the requested amendment to subdivision ordinance section 3.5 and return a recommendation to the council under section 1.11.
• The town manager and code enforcement officer will work with the town attorney on notice and other requirements for resolving the 131 Old County Road dangerous building.
• Councilor Mark Cormier reminded the public the transfer station will close beginning October 13, with limited Thursday, Friday and Saturday hours, no demolition, no electronics, and household waste only.

Read the full transcript