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Lamoine Planning Board

Minutes of January 6, 2009 (Approved as amended 2/3/09)

Chairman Donaldson called the meeting to order at 7:02 pm.

Board Members Present: G. Donaldson, M. Garrett, J. Holt, M. Jordan, C. Tadema-Wielandt CEO: D. Ford Members of the Public in Attendance: K. DeFusco, B. Jones

Minutes of December 2, 2008. Two amendments were offered to the minutes. In “New Business, first paragraph, add the letter‘d' to the word “propose” in the first sentence. In “New Business, first paragraph, fourth line, change the word “from” (the high water setback) to “to” the high water setback. The minutes were approved as amended.

CEO Reports. The reports were accepted and placed on file.

OLD BUSINESS 

No old business was listed on the agenda.

NEW BUSINESS 

Though no New Business was listed on the agenda, the Board did consider a letter written by D. Ford in response to an inquiry by B. Jones. D. Ford sought an ordinance clarification of an issue raised by B. Jones (a partner in JWJ LLC).

The subdivision application states a subdivision road is among “items to be completed before the sale of any lot OR within the two year permit period.” Sometime prior to the Board's October meeting, the CEO issued a building permit for C. Johnson. In its October meeting, the Board did not contest issuance of a building permit for one lot in spite of the fact the subdivision road is not completed. The Board did express, however, united sentiment that no further permits be issued until the subdivision road is completed.

B. Jones challenges the notion that the CEO cannot issue more permits. Issuance of permits is the province of the CEO, NOT the Board; the permits sought are for lots with direct access to Walker Road and are not dependent on the subdivision road; and the project falls within the “OR” portion (“OR within the two year permit period”) of the application's items to be completed before sale of lots.

The Board acknowledged the issue is complex and was reluctant to deal with it on so short a notice. The issue will be on the Board's February agenda. Meanwhile, the Board would like (from the CEO?) an interpretation from the Maine Municipal Association about the history and intent of the “OR” portion (“within the two year permit period.”) of the application statement. Are the two parts of this application item contradictory?

There being no other business to come before the Board, a motion to adjourn at 7:39 pm was made (by M. Garrett), seconded (by M. Jordan) and unanimously passed. Let the record show, the first meeting of this New Year lasted just thirty-seven (37) minutes!

Respectfully submitted,

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Tuesday, January 13, 2009. An Ordinance Workshop. 6:30 pm. At this meeting we will consider two ordinances (Establishment of an Aquifer Protection zone) and Cluster Housing. We will also discuss the Planning Board's “contribution” to the Town Report and potential provisions for dealing with a Home Occupation application.

Tuesday, February 3, 2009. An Informational hearing. Tentatively scheduled is a 6:30 pm informational hearing on proposed ordinance changes to be presented at Town Meeting in April. The hearing will be followed by the regularly monthly meeting.

Tuesday, March 3, 2009. A public hearing. Tentatively scheduled is a 6:30 pm public hearing (required by statute) on proposed ordinance changes on which an informational hearing will have been held. The meeting will be followed by the regularly monthly meeting.