Town of Lamoine, Maine
Town Hall
Fire Department

Minutes – September 28, 2004
Draft Copy – Subject to Change

Members Present: G. Crawford, D. Ford, P. Fowler, M. Garrett (Secretary), R. Graham, B. Hansen, C.W. Hemingway, B. Jones (Chairman), M. Jordan, L. Landon, B. Marckoon, D. MaCurdy, K. Rybarz,
F. Stocking (V. Chairman), J. Thibeault, C. Tadema-Wielandt, L. Tadema-Wielandt, J. Wuorinen,
J. Young.

Others Present: G. Ford, S. Joy

Members Absent: E. Curtis, T. Dickey, J. Fowler, R. McDevitt, S. Smith

The Agenda

1. Subdivision Moratorium. At the outset, the legal “ground rules” for a subdivision moratorium were presented and discussed. By a vote of the Town, a moratorium is permitted:

  1. To prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development; or
  2. Because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area.

Public facilities which could conceivably be or become overburdened are:

A moratorium must be of a definite term not to exceed 180 days, However, the term may be extended
for an additional 180 days if the problem giving rise to the need for it still exists and “reasonable”
progress is being made to alleviate the problem.

To the question: “Should the Long Range Planning Committee recommend to the Board of Selectmen adoption of a subdivision moratorium, these points were registered.

George Crawford. Do we have a problem? Do we need so many ordinances, some of which appear to
hinder developers?

Perry Fowler. Based on the above, can’t think of a single, legitimate, legal reason for a moratorium.

Kathleen Rybarz. Water supply could be a problem both for household use and fire protection. She also commented on a shortage of public access to the shoreland as more development restricts formerly used points of access.

John Wourinen. Proposed Planning Board changes to the Building & Land Use Ordinance could address some problems.Dale McCurdy. Proposing a moratorium could call attention to proposed BLUO amendments.

Steve Joy. Informed by S. Marckoon that Town valuation is up five million dollars, a fair portion of which stems from approved subdivisions.

Brett Jones. Considering the list of public facilities that might be overburdened, the is probably no grounds for a moratorium.

John Wourinen. Is the Town subject to legal action on account of inconsistencies in Town Ordinances?

Lynda Tadema-Weilandt. What would we hope to accomplish in six months?

Dale McCurdy. The Hancock County Planning Commission will host a Subdivision Development workshop on
September 30th to which several townfolks are going. Perhaps we should withhold our moratorium recommendation until after that workshop.

Lance Landon. A moratorium would require this Committee to quantify and qualify specific items to justify a moratorium.

Following this discussion, the Committee resolved to postpone a decision until the next meeting in order to assimilate whatever might be forthcoming for the HCPC workshop.

2. Impact Fees. Fred Stocking located forty pages of documentation devoted to impact fees by the Maine State Planning Department. One thing is certain. Impact fees must be rooted in specifics.

Steve Joy. Trenton adopted impact fees primarily to offset school costs. Impact fees ought to be considered a constructive imposition, not a punishment on developers.

Brett Jones volunteered to contact Trenton for details of their impact fee schedule and present them at the next meeting.

3. Comprehensive Plan. Fred Stocking noted the Lamoine Comprehensive Plan is “out-of-date” and that the Committee should make a recommendation (to develop a new one or continue with the existing one) to the Selectmen in November. Fred will attempt to arrange for a planner from the State Planning Office to address the group, after which the Committee will consider a recommendation.

4. Fire Protection. Brett Jones is working with Skip Smith to develop minimum water availability standards for fire protection in subdivisions. Those standards will likely be incorporated into the Building and Land Use Ordinace.

5. Open Discussion.

Kathleen Rybarz spoke to the difficulty she had retrieving the College of Atlantic study results from her computer. Having found a way, she offered assistance to others.

Dennis Ford aked at what point zoning enters the discussion. Fred Stocking replied that zoning must be consistent with a Comprehensive Plan but that some “leeway” can exist in the plan to allow zoning independent of it.

The meeting adjourned at 8:15pm

Respectfully submitted,

Michael F. Garrett, Secretary

Schedule of next two meetings

Tuesday, October 5, 2004 7:00pm Lamoine School
Tuesday, October 26, 2004 7:00pm. Lamoine School