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STATE OF MAINE HANCOCK, SS.

SUPERIOR COURT CIVIL ACTION Docket No. AP-07-11
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Alberta Wister, Plaintiff

v.
Town of Mt. Desert et aI., Defendants

Order on Appeal

Alberta Wister appeals from a decision of the Town of Mt. Desert Zoning Board of Appeals (ZBA), granting a variance to Benjamin C. Moore and Alice G. Carter to construct a driveway within the setback associated with the boundary line for their parcels of land. Wister argues here that the ZBA erred in issuing the variance because, she contends, it did not have jurisdictional authority to do so. For the reasons set out below, the court agrees with this argument and remands this matter to the ZBA for dismissal of the variance applications. Moore and Carter jointly own a parcel of land (lot 35) located in the Town of Mt. Desert, and Moore individually owns an abutting parcel (lot 35-1). But for a 20-foot wide, 361-foot long strip that extends between Milbrook Road and the main portion of lot 35, that parcel would be landlocked. See R. 15 (map). Lot 35-1 is in fact landlocked.
See id. However, it is benefited by a 20-foot wide deeded right-of way that extends over

the strip that is part of lot 35 and then over a portion of the main part of that lot. Moore and Carter filed an application for a setback variance to allow construction of a driveway over the strip to improve access to lot 35, and Moore applied for similar variance to allow the construction within the right-of-way associated with lot 35-1. They sought a variance from the ZBA because under the municipal applicable ordinance, a driveway must be at least twelve feet wide and must be setback at least five feet from any property line. See Town of Mt. Desert Land Use Zoning Ordinance (Ordinance),

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Maine Law