Settlement ends dispute over Cape Elizabeth driveway

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CAPE ELIZABETH — A settlement has been reached in a pair of lawsuits that challenged the location of a new home’s driveway in the Stonegate subdivision off Mitchell Road.

The out-of-court settlement was reached between residents of Stonegate and the home’s developer, Graham Pillsbury of Early Bird Group.

Under the agreement, the address of the new house will be changed from 6 Stonegate Drive to 374 Mitchell Road, and the driveway will be moved from Stonegate Road to Mitchell Road.

The settlement also includes restoration of a plant buffer along Stonegate Road that was removed during construction of the house and driveway.

A second lot on Pillsbury’s property will become part of the Stonegate subdivision and will be subject to all the neighborhood declarations and covenants. It will have a Stonegate address and be incorporated into the neighborhood.

The first lawsuit, filed in Maine Superior Court in January by David and Tracey Weatherbie of 14 Stonegate Road, challenged a Zoning Board of Appeals decision to allow a building permit for the house at 6 Stonegate Road. They claimed the permit was based on incomplete and misleading evidence and issued without Planning Board approval.

The second suit, filed in February by Robert H. Stier Jr. of 9 Rock Crest Drive, appealed Public Works Director Robert Malley’s decision to issue a driveway permit to the developer. Stier sued the town and the developer in Maine Superior Court.

“Both cases are settled and we are pleased with the outcome,” Stier said Thursday. “The character of the neighborhood has not been compromised.”

He said the developer will be responsible for construction and providing funds to restore the vegetation and move the driveway.

Pillsbury did not respond to phone calls and e-mail requests for comment.

Amy Anderson can be reached at 781-36621 ext. 110 or aanderson@theforecaster.net. Follow her on Twitter: @amy_k_anderson.

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