Town of Lamoine, Maine
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Lamoine Planning Board
Minutes of March 3, 2009
A Public Hearing was scheduled to present proposed amendments to the Building & Land Use, the Gravel Extraction and the Site Plan Review Ordinances. Chairman G. Donaldson opened the hearing at 6:30 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, A. Gerber
Chairman Donaldson summarized the changes. There being no questions or comments, the hearing was closed at 6:47 pm.
Chairman G. Donaldson called the meeting to order at 6:48 pm.
Minutes of February 3, 2009. The minutes were accepted as presented.
CEO Reports. The CEO reports were accepted and placed on file.
Home Occupation Application – L. Assaf/A. Gerber. Map 4, Lot 16-2. A. Gerber proposes to forge “traditional tools” and other implements by hand at his home at 233Mill Road . He displayed several examples of his work. After several questions and a brief discussion, M. Garrett moved a permit be granted. C. Tadema-Wielandt seconded the motion which passed unanimously. M. Jordan wishes to be recorded as saying he does not believe the proposed activity qualifies as a Home Occupation.
J. Holt raised an issue which has been festering for months. The issue has to do with the Board's authority to grant subdivision building permits or to place conditions upon them. In October, 2008, the Board agreed to allow a building permit issued by the CEO for one lot in the Walker Farm Subdivision. At the time, the Board stipulated no more permits should be issued until the subdivision road is completed as required by the Ordinance. Subsequently, the CEO issued a second permit, citing the Board had no authority to prevent it. With reluctance, the Board let stand this issuance as well.
At an informational hearing (for proposed ordinance changes) held February 4, 2009, B. Jones (a partner in JWJLLC whose subdivision is the subject of the issued permits) stated his contention the Board has no authority to impose conditions on or deny a building permit once the subdivision has been officially approved. He cited Section 12 E 17 of the Building and Land Use Ordinance which requires on the application: “A list of construction items to be completed before the sale of any lot OR within a two year life of a permit.” One such item is the subdivision road.
This evening, J. Holt suggested perhaps the Board failed to realize it does indeed have the authority to impose conditions – at least for lots in a subdivision requiring a 10,000 gallon water tank. Section 12 I 1 states: “Access roads, fire zone parking areas and any required water supply serving any subdivision, multi family dwelling with three (3) or more units or commercial/industrial buildings exceeding 5,000 square feet shall be in place prior to the issue of any building permit.”
The Board instructed the secretary to write a letter to the principals of JWJLLC apologizing for its failure to recognize its authority and stating that, based upon this ordinance requirement no additional building permits will be issued until the subdivision road is complete.
The Board was given a map for a Town “Proposed Lot to be Conveyed for: Lamoine Fire Department”, located at 43 Lamoine Beach Road . The Board believes that since the proposal creates a non –conforming lot, the proposal requires scrutiny by the Planning Board. The Board's authority to make this request is found in the BLUO, Section 4 H 3.
Since the Board would almost certainly not permit creation of a “new” non-conforming lot if requested by a private entity, we contend this proposal should be handled through the same process any entity must follow. It is important that no precedents be set for a similar private entity request in the future.
To this end, the Board instructed the Secretary to compose a letter to the Selectmen requesting the following information for the Board's review, based on the Board's responsibility for Public Building uses (see BLUO, Section 4 H 3). A map on which shows:
The meeting adjourned at 8:23 pm
Michael F. Garrett, Secretary