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Board of Appeals

Minutes - May 20, 2019 (Draft, subject to correction)

 

   

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

 

Alternate member present:  Karen Hood 

 

CEO present Rebecca Albright

 

Other attendees:  John Holt, Alan Moldawer, Brenda Moldawer, Laura Lyell, Monica Moeller, Dennis Bouffard, Jonny Brown, Marion Arnold, Richard Arnold, Jon Pottle, Tom True, Kathy True, Carol Mason, Mark Harris, John Clewey, Johanna Billings, Robert Harris, Mary Beth Harris, Mary Ellen Kimball, Carolyn Hamm, Jay Barnes, Darren Mead, Margaret Stewart, Jamie O’Keefe

 

 

1: Meeting was called to order by Mr. Fenton at 6:31 PM

 

2: Consideration of Minutes:

     A: Motion to approve minutes for 12/18/2018 made by Larissa, second by Jay    Vote   5-0

   

3: Appeal: Moldawer vs. Code Enforcement Officer re: decision regarding height of house on Map 16             Lot 48-1 (Tom and Kathy True)

     A: Determination of Jurisdiction: A motion was made that the BOA does have jurisdiction was made by Jay, second by Larissa     Vote 5-0

     B: Determination of standing of Applicant (Alan Moldawer): A motion was made that the applicant does have standing by Jay, second by Larissa    Vote 5-0

     C: Timeliness of Receipt of Appeal: After all parties gave their briefs on what they believed was the correct timeframe, the BOA determined that there was not enough paperwork present for the Board to determine if the appeal was filed in a timely manner or not. The board asked all parties to produce all letters, emails or any correspondence that might be helpful. The board would also like a timeline from all parties.  

 

     The BOA decided that since they could not determine if the appeal was received in a time there was no reason to continue with the rest of this appeal at this time. A motion was made that the next meeting be set at a TBD by Jon, second by Jay     Vote 5-0

 

     The BOA also determined that they needed to write MMA on guidance on when a denial starts. Does an E-mail count, phone call, telling someone in person or does it have to be a formal letter?

 

4: Status – Friends of Lamoine v. Planning Board (discussion only):  Griff mentioned that it has been appealed back to the judge so there is nothing to do as of this time

 

5: Status – Appeals Board Ordinance: Griff mentioned that he has not heard back from MMA and that he would look into it.

 

6: Other matters to come before the Board of Appeals: None

 

7: Next meeting date: TBD

 

8: Adjourn – 7:45 PM