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Lamoine Planning Board

Minutes of August 4, 2009

Chairman G. Donaldson called the meeting to order at 7:00 pm.

Board Members Present: G. Donaldson, J Gallagher, M. Garrett, J. Holt, C. Tadema-Wielandt.

Members of the Public in Attendance: B. Anton, K. Barbee, R. Joy.

Minutes: The minutes of July 7, 2009 were accepted as presented.

CEO Reports . For the second time in three months, no CEO was present to respond to questions or assist the Board in its deliberations. More on this subject appears in “Old Business, Item #2.”

Conservation Commission: The Board accepted a copy of the July 8, 2009 meeting minutes of the Commission.


  1. Request for Home Occupation, Barbara Anton, Map 8, Lot 12-3-1 B. Anton explained her request to conduct yoga classes in a loft on her premises. M. Garrett moved and J. Gallagher seconded a motion to approve the request and grant a permit. The motion passed unanimously.
  2. Subdivision Application Completeness Review. R. Joy, Map 4, Lot 48. Note: As a result of discussion, the Board concluded Lot 48-1 needs to be listed on the application. Early in discussion it was apparent this application was so far from being complete the Board (with the applicant's consent) decided to conduct a preliminary rather than a formal review. Indeed, eleven of the twenty-three application requirements were missing, incomplete and/or inaccurate. Based on our discussions, the applicant will re submit an application in September.

In view of this unproductive use of the Board's time, a discussion was held regarding the role of the Code Enforcement Officer. We are fortunate to have, as an Alternate on the Planning Board, a Deputy CEO whose counsel we find useful. Of course he cannot be expected to attend all meetings. Even the CEO might have cause to miss an occasional meeting. However, we believe we can and should have the services of at least one or the other at all monthly meetings.

Furthermore we believe this application, in its present form, should never have been submitted to the Board. Section 9 A 2 of the Lamoine Building and Land Use Ordinance states in part:

“The (CEO) shall review ALL applications to be submitted under this section and shall make findings and recommendations to the Planning Board.”

We hope, in future, such reviews will take place.


Request of K & T Rental LLC to change a covenant on Sunset Acres Subdivision, Map 8 Lots 12-A-1 through 12-A-9. K Barbeee requests he be permitted to modify a covenant on one of nine lots to accommodate a Bed and Breakfast. The Board contends it has no jurisdiction over covenants on a subdivision plan once approved. If a proposed Bed and Breakfast meets the criteria of a Home Occupation contained the BLUO, it represents a legitimate use.

No action was taken.


The Board reflected J. Gallagher's concern that the subdivision requirements for water quality and quantity are inadequate. This item will be included in Board deliberations of ordinance revisions.

Meeting adjourned at 8:44 pm.

Respectfully submitted,

Michael F. Garrett, Secretary.


September 1, 2009. Monthly meeting. 7:00 pm. Town Hall.

September 15, 2009. Ordinance Revision Workshop. 6:00 to 8:00 pm. Town Hall. TENTATIVE:

The location is contingent on the availability of the Town Hall on this date.