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Lamoine Board of Appeals Minutes

October 26, 2005

Chairman Chris Tadema-Wielandt called the meeting to order at 7:02 PM

Present were: Appeals Board members Reggie McDevitt, Nicholas Pappas, John Wuorinen, Jay Fowler, Chris Tadema-Wielandt, Warren Craft (not sitting on this matter); Secretary Stu Marckoon, Assistant Town Clerk Kathleen DeFusco, Planning Board Chairman Stuart Branch, Harbor Master Gerald Ford, Tim Gott, Anthony & Josette Pettegrow, Paul Frederick; and cable TV Techs Nicholas Pappas Jr. & Sarah Marckoon.

Minutes of October 17, 2005

Chairman Tadema-Wielandt moved to put off consideration of the minutes until the next meeting. Mr. Wuorinen 2nd . Vote in favor was 4-1 (McDevitt)

Follow up on decision regarding Anthony & Josette Pettegrow/Seal Point Lobster Pound.

Chairman Tadema-Wielandt noted the Board received a letter from Mr. Becker of CES suggesting the idea of trees is not scientifically efficient. He said that was contrary to what the Board heard from experienced contractors.

Mrs. Pettegrow said Tim Gott brought Atlantic Landscape to the site and gave them a proposal to install a tree barrier. She said when they received the idea they talked to Mr. Becker and he said the cedar trees were a good idea, but they wouldn't last with the deer. She said the deer eat cedars. She said on the refrigeration side they would need white spruce, but that would not do anything to buffer the noise. She said Mr. Becker recommended a stockade fence. She said he's the professional, so she guessed that's what they would do. She said they have tried to call their carpenter to get that done within a month's time.

Mr. Fowler said whatever would work best is fine with him. Mr. Wuorinen agreed. Mrs. Pettegrow said there had been no noise violation, and they would try to do their very best. She said if they put in the fence the neighbors would hear less noise and she was hopeful they would forget the lobster pound is there.

Chairman Tadema-Wielandt said the letter did not specifically suggest where a fence should be located. He said he recalled something in the minutes of the last meeting about 8-feet from the achinery. Mrs. Pettegrow said Mr. Becker told her how it had to be constructed. She said it should be 8-feet high and go all the way to the ground and covered with stone or dirt at the bottom of the fence. Discussion followed on how far away from the generator a fence should be located.

Mrs. Pettegrow again stated they would build a stockade fence in the best possible way. She said she hopes there are no more complaints. Mr. Wuorinen said it sounds like they are on the right track. Mr. Frederick said the proposal sounds fine. Mr. Pappas said it makes sense.

Chairman Tadema-Wielandt said he had hoped to ask Code Enforcement Officer Ford for his guidance. He asked Mrs. Pettegrow to give the CEO a call when it's done so he could take a look. He asked if that could be done in a month. Mrs. Pettegrow said she did not know why not. She said it's a matter of getting hold of her carpenter. She said she's sure he would do it.

Chairman Tadema-Wielandt said he would like to schedule the next meeting for sometime in mid-January. He said he hoped the Pettegrows would be done with the fence by then and the CEO can see it. He said the Board could meet with the CEO, approve the minutes, and if the CEO is satisfied with the project, he could see no reason for the Pettegrows to have to come back. He said he was disappointed the tree solution wouldn't work. Mrs. Pettegrow said the trees would work a little, but not well. A short discussion on feeding deer followed.

Chairman Tadema-Wielandt moved to accept the Pettegrows offer in conformance with Mr. Becker's suggestion to surround the generator and refrigeration units with an 8-foot stockade fence and accept the report of the CEO in satisfaction of conditions in the agreements the Pettegrows made. Mr. Wuorinen 2nd . Vote in favor was 5-0.

Mr. Wuorinen moved to adjourn at 7:15 PM. Chairman Tadema-Wielandt 2nd .

Planning Board Chair Stuart Branch said it would be helpful to have a workshop to find a better way to funnel information to the Code Enforcement Officer. He said there has not been good follow through from the Planning and Appeals Boards to the CEO, and a workshop might help. Chairman Tadema-Wielandt agreed it was a good idea. Secretary Marckoon suggested it might be a good idea for the mid-January meeting.

There being no further business, the motion to adjourn was carried out at 7:17 PM.

Respectfully submitted,

Stu Marckoon, Secretary