Town of Lamoine, Maine
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Lamoine Planning Board
Minutes of February 3, 2009
Acting Chair M. Havey called an “Informational Hearing” to order at 6:32 pm.
Board Members Present: J. Gallagher, M. Garrett, M. Havey, J. Holt, M. Jordan, C. Tadema-Wielandt
CEO: D. Ford
Members of the Public in Attendance: C. Donaldson, B. Jones, C. Korty
C. Korty initiated a discussion of a proposed Aquifer Protection Overlay Ordinance. Since the purpose of this hearing is to exchange ideas and information about proposed changes to the BLUO, the Gravel Extraction and the Site Plan Review Ordinances, a discussion on this issue was cut short. The Aquifer Protection Overlay Ordinance will be discussed at a Planning Board Workshop on February 10th .
B. Jones raised a question about restrictive use of curb cuts proposed in a proposed Building & Land Use Ordinance change. He also asked that we consider further the potential impact of proposed regulations of Private Ways” (Section 5 E) Should there be consistency in the number of lots here proposed (3 or more); the number of lots requiring installation of a fire tank (5); and the number of lots defining a “minor subdivision” (5) “C. Korty suggested adding Roman Numeral iv to Section C 5 a. The item added would read: “Any areas of the pit which have been fully restored”.
The hearing closed at 7:30 pm
Acting Chair M. Havey called the meeting to order at 7:31 pm
Minutes of January 6, 2009. J. Holt offered two amendments to the Minutes of January 6 th . In the first sentence under New Business the words: “(a partner in JWJLLC)” should be added after the name B. Jones. The second amendment would have the words in the second paragraph under New Business: “B. Jones (B. Jones is a partner in the JWJLLC owned subdivision land)” stricken from the minutes and the name C. Johnson substituted for B. Jones following the words “…issued a building permit for…”
The Minutes were accepted as amended.
M. Havey called the monthly meeting to order at 7:31 pm
C. Korty announced the Commission will present a panel on “water”. The presentation is part of the Commission's regular month meeting on Wednesday, February 11, 2009 at the Town Hall at 7:00 pm.
There was none
There was none
The Board did entertain a wide ranging discussion (mostly philosophical in nature) about how much authority a Planning Board has to impose conditions on a subdivision. In particular, the issue is one raised by B. Jones, a partner in JWJLLC. The specific issue stems from language in the Building & Land Use Ordinance (Section 12 E 17) which reads: “A list of construction items to be completed before the sale of any lot OR within the two year life of a permit.” After one building permit was issued, the Board attempted to place a hold on issuance of subsequent permits until the road is completed. JWJLLC objected, stating they had until “within the two year life of a permit” to complete the road.
D. Ford sought and received an opinion from the Maine Municipal Association Legal Department. The essence of their rendering is that Planning Boards can impose conditions such as this one however for a Board imposed condition(s) to be enforceable, the condition(s) must be stated on the final plan . In this instance the restriction was not so stated.
There being no further business to come before the Board, the meeting was adjourned at 8:20 pm.
Tuesday, February 10, 2009. 6:30 pm at the Town Hall. Workshop to prepare the final draft of proposed ordinance changes to be voted upon at Town Meeting in April. We will also begin consideration of an Aquifer Protection Overlay Ordinance.
Tuesday, March 3, 2009. 6:30 pm at the Town Hall. A Public Hearing on proposed ordinance changes to the Building and Land Use; the Gravel Extraction and Site Plan Review Ordinances. Following this hearing the March monthly meeting will be conducted.