NORWAY — A Kennebunkport resident has agreed to pay $4,000 for having a driveway built within the 175-foot buffer of Sand Pond, according to a consent agreement.

The Board of Selectmen unanimously voted Thursday to sign the agreement with Peter Tilney, who owns the property in the Lakeview Shores subdivision on Isaiah Mountain Lane.

Code Enforcement Officer Scott Tabb said Tilney violated state law when he hired contractors to construct a driveway within a stormwater buffer zone.

Tabb said that in 2007, the Planning Board approved an amendment to the  subdivision ordinance that required a 175-foot buffer next to Sand Pond.

“At an unknown date, Mr. Tilney’s contractor(s) cut down trees and built a driveway within the 175-foot buffer,” Tabb wrote in the consent agreement. In 2017, when Tilney realized a violation had occurred, he asked that the land use ordinance be amended to reduce the buffer to 125 feet, Tabb wrote.

Tabb said that’s when the Planning Board realized a violation had occurred and requested a penalty.

According to state law, civil penalties ranging from $100 to $2,500 per day may be assessed for violations.

The Planning Board also asked that no garage be built on the property, that boulders of significant size be placed at the end of the driveway to prohibit vehicular traffic, and that the new conditions be recorded in the property’s deed.

As part of the consent agreement, Tilney agreed to pay a penalty of $4,000 and abide by the conditions requested by the Planning Board.

Selectmen voted to sign the agreement on condition that Tilney not construct any additional permanent dwellings on the property.

[email protected]