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Board of Appeals

Minutes - July 24, 2018  (Draft, subject to correction)

 

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

 

Alternate members present:  Brett Jones, serving as member in the absence of Michael Jordan [Note: Michael Jordan arrived midway through the meeting.]

 

Other attendees:  Philip Cormier, broker/realtor in the Niemann/Miller Variance Request

 

Minutes taken by Larissa Thomas, in the absence of BOA Secretary, Michael Jordan

 

7:01   Meeting was called to order by Mr. Fenton

 

         Motion:  To approve the July 10, 2018 minutes as amended: Motion by Mr. Jones, 2nd by Mr. Fowler; Vote 5-0

 

         Finding of Fact in the D. Young Variance Request was signed by Chairman Fenton

 

         Chairman Fenton explained that the Niemann/Miller Variance Request was withdrawn by the Appellant, so no further action was taken by the BOA. However, Mr. Fenton referenced a map he had received regarding the case on July 24, 2018, that other BOA members had not received, and he indicated that he would forward it to members after the meeting. [Note: Mr. Fenton forwarded the document to BOA members after the meeting on July 24, 2018, and it contained correspondence from Gordon Donaldson on behalf of the Eagle Point Association to Philip Cormier of Keller Williams Realty, asking him to remove the “For Sale” sign posted on what Mr. Donaldson argues is Eagle Point Association land. Mr. Donaldson provides information from deeds and Google Earth imagery to argue that the Miller property lies to the west of the posted sign; he provides a sketch map illustrating the spatial information discussed in his letter.]

 

         Appeals Board Ordinance discussion: Mr. Fenton explained the impetus for creating a stand-alone Appeals Board Ordinance in light of the difficulties posed by the scattered authorizing provisions in the Town’s other ordinances and state mandates. Mr. VanAmringe and Mr. Fenton explained the history of the draft document dated “22 Sep 17.” It was largely created by Mr. VanAmringe, drawing from Appeals Board Ordinances from other nearby towns. At the time that it was created, the BOA was not aware of the model text available from the Maine Municipal Association (MMA), although the other towns’ ordinances seem to have drawn from it to some degree. Some comments were received on the “22 Sep 17” document, and the Select Board was informed about the effort and given the draft, but the document did not go through a full public review process and no official action was taken by the Select Board. Mr. Fenton would like the BOA members to carefully consider the MMA model text and the draft prepared by Mr. VanAmringe so the BOA can finalize a proposed draft ordinance. The plan agreed upon was for Mr. VanAmringe to send the “22 Sep 17” document to BOA members as a Word document with Track Changes on so members can make edits and/or add comments. Any edits are due to Mr. VanAmringe by August 14, 2018. Mr. VanAmringe will collect and combine those edits and comments and provide them to BOA members ahead of the August 21, 2018 so that all suggestions can be compared side-by-side, and discussed at that meeting.

 

Next meeting will be August 21, 2018 at 7pm

 

Motion: To adjourn. Motion by Mr. Jones, 2nd Mr. Fowler;  Vote 5-0