Town, Developer Agree To Road Move
(Lamoine) - The property line dispute between a subdivision developer and a neighboring property owner continues, but the location of the subdivision road will shift slightly, giving more space between the travel way and a mobile home.
The problem came to light last August when construction started on the subdivision road for Pine Grove Estates. Neighbor Teresa Rohner said the road was within a few feet of her home. The subdivision plan showed the right-of-way was at least 25-feet away from her property line and about 60-feet from the mobile home. However, the plan was apparently in error in regard to the location of the mobile home. A subsequent survey supplied by developer Ronald Simons showed the mobile home encroached on his property by about a foot and a half. The location of the property line remains in dispute and the town is not involved in that.
A notice of violation was issued to Mr. Simons because the road passes too close to an abutting structure (about 10-feet from Ms. Rohner's back steps). Complicating matters is a common septic system to be utilized by several lots in the subdivision to be located to the north of the subdivision road. Shifting the right-of-way would encroach on that area, possibly rendering the original plan useless. As a compromise the Board of Selectmen offered Mr. Simons a chance to shift the street to the northern edge of the right of way, picking up about 15-feet more setback between the road and the mobile home. The road move was to start by March 15th and be complete by May 15th. A backhoe moved onto the property on March 13th, but mud season has prevented much work from being done immediately.
In addition to moving the road, the consent agreement will have Mr. Simons plant 6-foot trees between the road and Ms. Rohner's home by the end of May. |
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The Survey Says….
A survey supplied by developer Ronald Simons shows the right-of-way goes through the neighbor's trailer.
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No Violation Found At Stump Grinder
(Lamoine) — Stumps and trees piled at the yet to be constructed site for a stump grinding operation by Doug Gott & Sons do not violate the Site Plan Review Permit granted by the Planning Board and Board of Appeals. A Planning Board member raised the issue to Code Enforcement Officer Dennis Ford as one condition of the operation was that materials would be stored for no longer than 4-months.
CEO Ford found that the stump grinding compound located behind Gott's gravel pits between Mill and Lamoine Beach Roads had not yet been constructed. The operation was supposed to have a baseline water test done before operations start. An agent for Gott said the test was done and the result would be supplied to the town. He said Gott has also ordered the periodic testing start immediately. Gott has indicated construction of the grinding area should start this spring. |
New Gravel Pit Proposed
(Lamoine) — The Lamoine Planning Board has received application for a new gravel extraction operation, and they won't have to travel far to do a site visit—it's right next to the Town Hall.
Selectman Perry Fowler has purchased the property adjacent to the town hall lot, and proposes to turn it into a gravel pit. He has submitted a Site Plan Review application which will receive a completeness review at the April Planning Board meeting.
In addition to the one-time Site Plan permit, Fowler would also be required to obtain a Gravel Extraction Permit, renewable every three years. That application has not yet come in. Fowler says his plan is to restore the pit area with Christmas trees and keep the area producing an income once the gravel is removed. Planning Board members planned to get a tour of the area in late March. |
Violation Notices Issued
(Lamoine) — Code Enforcement Officer Dennis Ford has issued a pair of violation notices for building without a permit.
A self-reported violation came from the James Tweedie property on Meadow Point Road. Mr. Tweedie and his daughter tore down an existing, non-conforming log cabin and replaced it with a smaller cabin. Replacement of non-conforming structures within the Shoreland zone requires a permit from the Planning Board. The Selectmen will negotiate a consent agreement with the Tweedies who will also apply to the Planning Board for a permit.
The other violation came following a complaint of sign placement at the head of Woodcock Lane, apparently by the Partridge Cove Association. The sign advises that the lane is a private road. The Building and Land Use Ordinance requires a permit for sign placement, and review by the Road Commissioner or, in this case, the Maine Department of Transportation. |
Board Revamping Shoreland Code
(Lamoine) — Lamoine's Planning Board is working to bring the town's Shoreland Zoning Ordinance up to date with state standards. An informational flyer was handed out at the annual open town meeting explaining the process the board will use, and giving the public notice that action is likely in the near future on the revised ordinance.
The present Shoreland Zoning Ordinance was adopted in 1993 and has not been revised in the past 13-years. The final ordinance proposal has yet to be developed, though several draft changes have been approved. The board has split up its work of comparing the present ordinance to the new state model, and coming up with the language changes required to bring Lamoine's ordinance in line.
The table of land uses has been completely revamped, though few new restrictions are proposed. No final date has been set for hearings and/or adoption. |
Lobster Pound Case Finally Over
(Lamoine) — The Lamoine Board of Appeals has put the finishing touch on one of the longest appeals in the town's history. Fences constructed to enclose the refrigerators and generator at the Seal Point Lobster Pound received final approval in late January as meeting a modified requirement for noise abatement. The Lobster Pound case dates back to 2002 when owners Anthony and Josette Pettegrow constructed a large parking area in front of the existing lobster pound and finished a building project begun by the previous owners. Neighbors objected to the increased truck traffic and filed an appeal because the parking area had not received a Shoreland or Site Plan Review permit from the Planning Board.
After paying a fine, the Pettegrows obtained both permits, but the neighbors filed an appeal over issuance. The Board of Appeals found the granting of both permits was proper, but added the noise reduction and testing conditions. The pound owners found total enclosure would not work and asked for the compromise on fencing.
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Planning Board Approves Lot Split
(Lamoine) — The Lamoine Planning Board approved what amounts to a four lot subdivision off Woodcock Lane on land belonging to Toby Stephenson and Andrea Perry. The Ellsworth couple had previously sold one lot of their land, and proposed dividing the remainder into three parcels within less than five years of the original sale.
The Planning Board held a public hearing on March 13, 2006 and received no comments opposing the subdivision plan. One lot will have an entrance along Mud Creek Road, the remaining lots will use an existing entrance along Woodcock Lane. The Planning Board did urge the developers to work with the Partridge Cove Association in coming to some agreement on sharing maintenance costs on Woodcock Lane, the main entrance to the Partridge Cove Subdivision.
The size of the subdivision does not require a fire hydrant and tank, but the Fire Chief urged the developer to explore that possibility. |
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