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Lamoine Board of Appeals

Minutes of August 9, 2010 - Draft, subject to correction

Chairman Hancock “Griff” Fenton called the meeting to order at 7:00 PM

Present were: Appeals Board members John Wuorinen, Hancock “Griff” Fenton, Merle Bragdon, Jay Fowler, Secretary Stu Marckoon, Code Enforcement Officer Dennis Ford, and Assessor/Deputy Code Enforcement Officer Michael Jordan.

Minutes – July 1, 2010 – Mr. Wuorinen moved to approve the minutes as written. Mr. Bragdon 2nd . Vote in favor was 4-0.

Seibel vs. Code Enforcement Officer

Chairman Fenton summarized the case. He said Mr. Seibel was cited for a violation of the Shoreland Zoning Ordinance by the Code Enforcement Officer (CEO). He said the CEO and Deputy CEO both visited the property and saw a change of use of a structure that was previously used as a boat house. He said a deck and sliding glass doors were observed. He said the Deputy CEO notified the CEO who visited and issued the Notice of Violation to Mr. Seibel. He said Mr. Seibel requested to postpone action by the Board of Appeals due to a medical issue. He said that request was accommodated, and this meeting is the result, and presumably there will be a hearing next month.

Jurisdiction – Chairman Fenton noted Robert Seibel is the owner of record and did file a letter of appeal in reaction to the CEO's Notice of Violation. Stu suggested that the section of the Shoreland Zoning Ordinance referring to jurisdiction be cited. Chairman Fenton read from Section 16-I-3 of the Shoreland Zoning Ordinance. There was no disagreement that the Appeals Board has jurisdiction and that the appellant has satisfied their requirements.

Timeliness – Chairman Fenton noted that the appellant had 30-days of the date of the decision. He said the complaint was issued on April 29, 2010 and the Appeals Board received a letter dated May 23, 2010, and that falls within the 30-day time period. There was no disagreement from the board members present.

Conflicts – There was a brief discussion as to whether neighbors might have a conflict of interest. Secretary Marckoon read the conflict section from the Board of Appeals manual published by Maine Municipal Association. None of the Board members had any conflict as outlined by the manual.

Quorum – It was noted that 4-members were present. Chairman Fenton asked what would happen if another board member is able to attend the hearing. Secretary Marckoon said that would be up to the chair to determine should that happen. It was noted that member Bragdon would be a full sitting member, not an alternate.

Type of Hearing – The Board informally agreed this would be an administrative hearing. Chairman Fenton noted that Maine case law encourages de novo hearings at the board level. He cited Yates vs. Southwest Harbor as a guidance case on this matter.

Rules of Procedure – Chairman Fenton said it would be similar the previous hearing where the appellant would give his reason and cause for the appeal, then the CEO would present their information, the hearing would close and the issues would be discussed. Secretary Marckoon noted that the Shoreland Zoning Ordinance requires the person filing the appeal has the burden of proof. Mr. Wuorinen moved to approve the process as outlined by the chair. Mr. Fowler 2nd . Vote in favor was 4-0.

Time & Location – After much discussion, the board established September 20, 2010 at 7PM at the Lamoine Town Hall for the hearing.

Secretary Marckoon was asked to notify the appropriate parties about the hearing.

There being no further business, the meeting adjourned at 7:18 PM.

Respectfully submitted,

Stuart Marckoon, Secretary