WILTON – Planners asked Code Enforcement Officer Katherine Shoaps on Thursday to get a legal opinion to help them decide the circumstances under which a person can give land to a relative without creating a subdivision.
Joseph and Grace Balbonie want to give a piece of their property on Bubier Road to their son. They came before the board for an informal application for a minor subdivision.
The Balbonies say they believe the state Legislature enacted a law in August of last year that prevents people from giving land to a relative in situations that would constitute a subdivision, unless they have owned the property for at least five years. Joseph Balbonie said the law was made retroactive to 2001. The Balbonies have owned their property for about one year.
Joseph said Clearwater Properties originally purchased three large lots and put them all together. Part of the land was divided by a county road, legally separating the lots. The Balbonies then purchased from the company a 56-acre lot, which they now want to split to give a portion to their son.
Planners say that if the road is no longer considered a legal road, it does not constitute a subdivision. Shoaps will look into this part of the issue. She will also contact the Maine Municipal Association for a legal opinion about whether the most recent state subdivision law prevents the transfer of the property to a relative.
Wilton resident and former state Rep. Conrad Heeschen advised the board to also look into whether the new law was meant to pre-empt existing municipal subdivision ordinances.
In other business, planners granted a permit for James King Jr. to build a 32-by-40-foot garage in a commercial zone on Route 2. Shoaps said the proposal exceeds the setback requirements of 50 feet frontage and 25 feet for the read and each side.
Planners also interviewed two candidates for the board and discussed parking issues at the old Bass Distribution Center on Weld Street.
Send questions/comments to the editors.
