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Board of Appeals

Minutes - May 22, 2018

 

BOA members present:  Griff Fenton, Jon VanAmringe, Jay Fowler, Larissa Thomas and Michael Jordan

 

Alternate BOA members present: Karen Hood and Brett Jones

 

Counsel for BOA:  Diane O’Connell

 

BOA members present:  Griff Fenton, Jon VanAmringe, Jay Fowler, Larissa Thomas, Brett Jones, Karen Hood and Michael Jordan

 

Other attendees: Paul MacQuinn, Katie Foster, Edmond Bearor, Steve Salsbury, Daniel Pileggi, Don Bamman, Bruce Gillett, Gerry Bryan, Carol Korty, Catherine de Tuede, John Holt, John Steed, Kathleen Rybarz, David Grasso, Dana Young

 

6:30   Meeting called to order by Mr. Fenton

 

Mr. Fenton welcomed Ms. Hood and Mr. Jones as alternate members and Ms. Thomas as a full member to the BOA

 

Mr. Young’s variance appeal

1.       Time of filing:  Within the 30 days

2.       Ownership or standing:  Mr. Young owns the land and building

3.       Conflict of interest:   No one

4.       Set Hearing date:   May 29, 2018 at 6:30PM

 

6:45   Reconvened on the Harold MacQuinn, Inc. Site Plan Review appeal

 

Mr. Bearor starts his presentation with the statement that he believes that the BOA can hear the appeal de novo. He asked that this statement be added to the record before he continues with his testimony for an administrative appeal that the BOA has was the type of appeal that they had to follow. A lengthy discussion on what type of appeal the BOA should follow. The BOA determined that they will hear the Site Plan Review appeal as an administrative appeal.

 

The BOA determined that they would like to hear the 4 sections (J.1, J.10, J.17 and K.3) of the Site Plan Review Ordinance separately.

 

Discussion started with Section J.1 of the Site Plan Review Ordinance

 

Mr. Bearor highlighted his written testimony on why the BOA should determine that Section J.1 should not have been reviewed by the Planning Board

 

Mr. Pileggi highlighted his written testimony on why the Planning Board did review Section J.1.

Mr. Pileggi also brings up his reasons on why Mr. Bearor should have taken the denial of the Site Plan Review Ordinance to Superior Court and that the BOA should not even be hearing this denial.

 

Mr. Steed highlighted his written testimony on why the Planning Board had to apply all parts of Section J. of the Site Plan Review Ordinance.

 

Ms. de Tuede said that she agreed with Mr. Steed and Mr. Pileggi.

 

No other comments on Section J.1, the BOA moved to start comments on Section J.10 and J.17.

 

Mr. Bearor highlighted his written testimony on why Section J.10 & J.17 should not have been reviewed by the Planning Board.

 

Mr. Pileggi highlighted his written testimony as to why the Planning Board reviewed section J. 10 & J.17.

 

Mr. Steed gave testimony on the differences between the Site Plan Review Ordinance and the Gravel Pit Ordinance so the Planning Board had to review these standards.

 

No other comments so the BOA moved to Section K.3

 

Mr. Bearor asked how Section K.3 is going to be handled. Mr. Pileggi stated that if the BOA finds that the Planning Board erred, then the Planning Board will have to revisit Section K.3 of the Site Plan Review Ordinance because the Planning Board didn’t even review Section K.3 due to their denial of the Gravel Pit permit.

 

No other comments. Public Hearing was closed and the BOA went into deliberations.

 

Motion:   Did the Planning Board misinterpret the Site Plan Review Ordinance by applying Section J review criteria to an application for gravel extraction because a gravel extraction is addressed under Section K3 special review criteria for mineral exploration & extraction?

Mr. VanAmringe made the motion.  Mr. Fowler 2nd. Discussion followed and Mr. VanAmringe removes his motion and Mr. Fowler 2nd.

 

Motion:   Did the Planning Board misinterpret the Site Plan Review Ordinance by applying this Section J review criteria (J1, J10, & J17) to this gravel extraction application?

Mr. VanAmringe made the motion.  Mr. Fowler 2nd.     Vote 4-0

 

Motion:  The denial by the Planning Board on Section K.3 on the grounds that the applicant did not meet standards of the Lamoine Gravel Ordinance. Do to the BOA decision on appeal of such standard this matter should be remanded to the Planning Board with direction to complete its review of K3 of the Site Plan Review Ordinance.     Mr. VanAmringe made the motion.  Mr. Jordan 2nd   Vote  4-0

 

Next meeting date is set for May 29, 2018 at 6:30

 

9:43    Meeting recessed until May 29, 2019 at 6:30