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Lamoine Board of Appeals

Minutes - September 30, 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, Jay Fowler, Hancock “Griff” Fenton, Merle Bragdon, Secretary Stu Marckoon, members of the public Kathleen DeFusco and Laura Schoene

Minutes – September 20, 2010 – Mr. Bragdon moved to approve the minutes as distributed. Mr. Wuorinen offered one change, the word “times” on page 2 should be the word “items”. Mr. Fowler 2nd the motion as amended. Vote in favor was 4-0.

Seibel vs. Code Enforcement Officer – Chairman Fenton asked if all members had read the draft notice of decision, findings of fact, and conclusions of law. Mr. Wuorinen and Mr. Bragdon indicated they had. Chairman Fenton suggested that the findings be reviewed first. He said basically the findings were the facts as determined by the entire process.

Mr. Wuorinen moved to approve the findings as drafted. Mr. Bragdon 2nd . Vote in favor was 4-0

Chairman Fenton said the conclusions of law explain how to apply the ordinance to the conditions of the property in regard to setbacks. Mr. Bragdon moved to approve the conclusions of law as presented, Mr. Wuorinen 2nd . Vote in favor was 4-0.

Chairman Fenton read, verbatim, the notice of decision as follows:

The Lamoine Board of Appeals provides this notice of decision in the above captioned matter. On the appeal of a Notice of Violation of the Shoreland Zoning Ordinance and order for correction, the Board of Appeals upholds the decision of the Code Enforcement Officer on three of the four areas of the violation, but overturns the decision on the fourth. Specifically, the violations of Section 12-C-1-c, Section 15-B-1, and 16-C are found to have merit. The Board finds that the violation cited by section 15-C was without merit.

Based on the votes outlined in the Conclusion of Law section of this notice, the notice of violation and order for corrective action issued by the Lamoine Code Enforcement Officer on April 29, 2010 is hereby confirmed. The Board of Appeals extends the deadline for the corrective action outlined in said notice to October 15, 2010.

The basis for the Board of Appeals Decision is contained in the attached Findings of Fact and Conclusions of Law. An appeal may be made to Superior Court within 45-days of this Notice of Decision pursuant to Section 16-I-4 of the Lamoine Shoreland Zoning Ordinance

Chairman Fenton said the notice contained a place for signature. Mr. Wuorinen asked how many copies to sign. Secretary Marckoon asked for two originals. Chairman Fenton said signature on the Notice of Decision indicated a vote in favor.

Secretary Marckoon said he will send a copy to Mr. Seibel via certified mail.

Next meeting – The next meeting date will be determined on an as needed basis.

There being no other business, the meeting adjourned at 7:10 PM

Respectfully submitted,

Stuart Marckoon, Secretary