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Board of Appeals

Minutes - January 19, 2017

 

Recognizing that a quorum being present, Chair Fenton called the meeting to order at 6:35 PM. 

Present were Appeals Board members Hancock “Griff” Fenton, Jay Fowler, Michael Jordan, and Jon VanAmringe; Code Enforcement Officer Edward “Rick” Gallegos, and Steve Hesketh, General Contractor at Details, Inc., representing Appellants Carol Mason and Mark Harris.  Lamoine Resident, Jimmy Norris, arrived at 6:48 PM.

Minutes from Prior Meeting [1 February 2016].  Mr. Fenton noted needed changes on page 7. Mr. Jordan moved to approve the minutes as corrected.  Mr. Fowler 2nd.  Vote in favor was 4-0.

1.  Appeal – Mason v. Lamoine Code Enforcement Officer (denial of permit)    

Chair Fenton briefly introduced the Appeal and the Board considered the following issues:

         Determination of Jurisdiction – Agreed

         Determination of standing of Applicant – Agreed

         Timeliness of Receipt of Appeal – Dates of application for Permit; denial by CEO and filing of Appeal were noted.  Agreed that Appeal was timely.

         Poll Board for Conflicts of Interest – Mr. Fowler indicated that he had previously measured the property for location of a Septic facility.  After discussion among the Board, it was determined that since these matters were not in contention in this Appeal, that this did not create a Conflict of Interest for Mr. Fowler.

         Determination of Quorum – makeup of hearing board - Hearing Board will consist of a Quorum of the Lamoine Board of Appeals, who are present at this preliminary meeting:  Messrs. Fenton, Fowler, Jordan and VanAmringe

         Type of Hearing (de novo or administrative appeal) – As requested by the Appellant, this hearing will be an administrative appeal.

         Rules of Procedure – per the Board’s standard practice, at the prospective Hearing, they will recognize first the Appellant, then the Code Enforcement Officer and any other parties of interest.  Following, at the same meeting or thereafter the Board will discuss the matter, consider findings of fact, request further information, consider conclusions of law, and then render it’s decision.

         Time and location of hearing(s) – Both parties agreed with the Board that the Hearing will be held at 6:30 PM on 14 February 2017 at the Lamoine Town Office.  Town Administrator Stu Marckoon will formally notify all parties and make formal Notice of the Hearing.

         The above matters relating to Mason v. Code Enforcement Officer, were all considered by the Board and Agreed 4-0.

 

Board suggested that the Town and CEO utilize a Time Stamp to more effectively certify filing, receipt and other necessary pertinent dates on all documentation that may come before the Lamoine Board of Appeals.

 

Board requested that both Appellant and CEO meet and coordinate taking accurate measurements to be presented at the Hearing.  Mr. Hesketh and Mr. Gallegos agreed.

 

Mr. Jordan suggested that the Appellant and CEO, both review the material regarding non-conforming properties contained in the Lamoine Building and Land Use Ordinance, specifically Section 5, Sub Section I.

2.  Appeals Board Ordinance – Further discussion deferred to February meeting

3.  Other matters to come before the Board of Appeals – None

4.  Next meeting date(s) – Tuesday, 14 February 2017

There being no further business, on the motion of Mr. Jordan, second by Mr. Fowler, all members voting in favor, the meeting was adjourned at 6:58 PM

Respectfully submitted,

Jon VanAmringe, Secretary