LESLIE FISSMER, Individually and as Trustee of the LESLIE S. FISSMER REVOCABLE TRUST, Petitioner,
TOWN OF CAPE ELIZABETH and CUNNER LANE, LLC, Respondents.
Walker Justice, Superior Court
the Court is Petitioner's Petition for 80B Review of
the second time the Court has reviewed an appeal of
governmental action filed by Petitioners concerning the Cape
Elizabeth Zoning Board of Appeals' (the
"Board") issuance of a building permit to
Respondent Cunner Lane, LLC. Petitioners first filed a review
of building permit on June 19, 2015. The facts of that case
can be found in the Court's order dated May 17, 2016.
2015 petition, the Petitioners raised two main arguments.
First, whether the Public Access Waiver issued for 21 Cunner
Lane in 1997 continues to be valid today in place of the
requirements established by amendments to the Town of Cape
Elizabeth Zoning Ordinance (the "Ordinance").
Second, assuming that the Public Access Waiver is not still
valid, whether 19 Cunner Lane meets the requirements of the
Court remanded the case to the Board for further findings of
fact. On remand, the Board found the following additional
4. The Board finds that the 1997 Public Access Waiver remains
5. Notwithstanding the Cape Elizabeth Planning's (sic)
Board grant of a Public Access Waiver in 1997 on February 23,
2010, the owner of 19 Cunner Lane was advised by the Code
Enforcement Officer that he must meet the requirements of
Section 19-7-9Al and Section 19-7-9A2 of the Zoning Ordinance
now in effect to provide access to, and street frontage for,
a residential lot before a building permit would issue.
6. There is no dispute that the owner of 19 Cunner Lane has
met the requirements of Section 19-7-9A1 of the Zoning
7. By virtue of the Declaration of Covenants with Respect to
Road Maintenance Individual executed by the owner of 19
Cunner Lane and recorded in Cumberland County Registry of
Deeds Book 27717, Page 215 on April 20, 2010, the owner of 19
Cunner Lane has met the requirements of 19-7-9A2.
8. Inasmuch as the owner of 19 Cunner Lane has met the
requirements of Section 19-7-9A1 and Section 19-7-9A2 of the
Zoning Ordinance, the Code Enforcement Officer did not err by
approving building permit number 150401 to construct a single
family dwelling on a vacant lot at 19 Cunner Lane Tax Map U14
(R. at 417).
now challenges the issuance of the building permit to
Respondent Cunner Lane, LLC on the grounds that there is no
evidence in the record supporting a finding that Cunner Lane,
LLC has met the ...