Town of Lamoine, Maine
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Board of Appeals
Nov. 7, 2003
Day 2: Deliberations

 

Ms. Havey called the Board to order at 6:32 P.M.

The Board took 10 minutes to review the minutes of October 28, 2003.

After review of the minutes the Board, Mr. Marckoon and Mr. Gallagher made several corrections. After the minutes were amended with corrections a vote was taken to accept minutes. The minutes were accepted by a vote of 4-0.

Ms. Havey reviewed the material for review by the Board. She noted that in her opinion the critical time period in relation to this case took place between March 28, 2000 and May 2000. Mr. Tadema-Wielandt then commented that the critical time period in his opinion was March 28, 2000 to March 31, 2000.

Further discussion then ensued about what the critical time period was, when Mr. Larson did in fact receive notice i.e. “the sticky note”. Did that note in fact constitute “valid notice”?

Ms. Havey then went on to note that the Town was not challenging the permit! She noted that Mr. Larson had an opportunity to attempt to fix the fact the permit was revoked. He had an opportunity to move the “blocks” (foundation-floor). He had an opportunity to make it acceptable to the Town.

Mr. Tadema-Wielandt cited the Shoreland Zoning Ordinance, (section 12 c 3). We then had discussion of how it applied in this situation. Note: Rebecca’s note spoke to this issue. Ms. Havey also noted that the Notice of Violation also discussed the Flood Plain Zone.

Through further discussion the Board all agreed that this situation was in fact a violation of the Shoreland Zoning Ordinance.


Discussions by the Board resulted in the following facts being agreed to by the Board:

· There was a building that was a pre-existing non-conforming structure.
· This building was approximately 16’ X 16’
· This building had a rubble stone foundation.
· There was a meeting between Ms. Albright CEO and Mr. Larson March 28, 2000 resulting in a Permit being issued.
· The CEO, Ms. Albright did not have the authority to issue a permit to replace an accessory structure in the Resource Protection District of the Shoreland Zone.
· The portion of the Larson property on which the structure is located is in the Resource Protection District of the Shoreland Zone wherein the CEO had no authority to issue a permit to build an accessory structure.
· The “old” building had been demolished by March 31, 2000.
· Mr. Larson received the check and “sticky note” from Rebecca Albright no later than April 10, 2000.
· Mr. Larson had the “new” building constructed in May 2000 after receiving the “sticky note” and check.
· The Board of Appeals does not have the authority to enter into administrative agreements with appellants.
· No permit was obtained from the Planning Board authorizing construction of the accessory structure.
· No Flood Plain Permit was issued.
· The current structure is substantially the same size as the previous non-conforming structure.


Taking the above facts into consideration during deliberations the Board came to the following Conclusions of Law:

The determination by the CEO that the subject structure is in violation of the Shoreland Zoning Ordinance is not clearly contrary to the provisions of Section 12(C)(3) of that Ordinance.

The determination by the CEO that the subject structure is in violation of the Shoreland Zoning Ordinance is not clearly contrary to the provisions of Section 12(D)(3) of that Ordinance.

The determination of the CEO that the subject structure is in violation of Section 7(B)(1) of the Lamoine Building and Land Use Code is not clearly contrary to the specific provisions of that section of the code.

It should be noted that the Board was unanimously in concurrence with the Findings of Fact as stated above.

Board was adjourned at 9:52 P.M.

Respectfully Submitted,

Nicholas H. Pappas
Secretary
Lamoine Board of Appeals

Approved April 13, 2004