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Lamoine Board of Appeals Minutes

January 31, 2006

Chairman Chris Tadema-Wielandt called the meeting to order at 7:05 PM.

Present were: Appeals Board Members Jay Fowler, Reggie McDevitt, Chris Tadema-Wielandt, and John Wuorinen, Secretary Stuart Marckoon, Code Enforcement Officer Dennis Ford, Harbor Master Gerald Ford, Anthony & Josette Pettegrow, and attorney Ed Bearor

The Board approved the minutes of October 17, 2005 and October 26, 2005 as amended.

After a brief recess to deal with technical difficulties with TV coverage, the board reconvened and approved the Board of Appeals Report for inclusion in the Annual Town Report.

The next agenda item was to follow up on Alvarez et al. vs. Seal Point Lobster Pound re: the noise barrier fence.

The Board received a report from Mr. Ford on his inspection of the site on February 2, 2006. The report states that the fencing appears to meet the conditions set by the Board. Mr. Wuorinen reported he had visited the site earlier in the day and drew the same conclusion. Ms. Pettegrow reported they have noticed the fence reduces the noise level.

Mr. Fowler asked if there had been any complaints about noise. Mr. Marckoon responded that there had been none, and that the appellants had been notified of this meeting. Jay Fowler stated that he had contact with Bob Alvarez's two sons and son-in-law, and that they had reported no problem.

Mr. Tadema-Wielandt moved that the Board find that the fences, as constructed, and as inspected by the Code Enforcement Officer, meet the requirements for sound reduction that are part of the Board's decision in this case, and find that the Pettegrows have complied fully with the conditions placed by the Board in the final notice of decision dated February 23, 2005. Mr. Wuorinen seconded the motion, and the final vote of the Board was three in favor and none against, with Mr. Fowler abstaining.

Mr. Fowler inquired about the status of the complaint about the road placement for the Simons subdivision. Mr. Marckoon responded that the Selectmen, on the advice of the Town Attorney, were sending notice of violation and requiring the road be moved to meet Ordinance setback requirements. The notice will be sent on February 1, 2006.

Adjournment was moved and seconded. The vote was four in favor and none opposed.

Respectfully submitted,

John Wuorinen

February 16, 2006