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Lamoine Planning Board Minutes

June 1, 2010

Vice Chairman J. Holt called the meeting to order at 7:00 pm.

Planning Board Members Present: J. Gallagher, M. Garrett, J. Holt, M. Jordan, C. Tadema-Wielandt CEO: D. Ford Members of the Public in Attendance: K. DeFusco, R. Fritz, H. Hall (Pine Tree Legal), S. Marckoon, J. Weaver ( Ellsworth American )

Minutes of May 4, 2010. The minutes were accepted as presented.

CEO Reports : Following a summary of outstanding Enforcement Issues, the CEO reports were accepted and placed on file.

CONSERVATION COMMISSION

No Commission issues were presented.

NEW BUSINESS

•  Request of the Parks Commission for extension of a Shoreland Zoning permit for Kiosks at Lamoine Beach and Bloomfield Parks. A Planning Board approved permit for kiosks at these parks expired in April. The ordinance provides for the one year extension being sought. The Board, via unanimous consent, authorized extension of the permit until April 1, 2011.

•  Request of Ron Fritz to meet with the Planning Board regarding his “concerns” about Chickadee Lane.

R. Fritz enumerated a number of complaints he has about activity (and non activity) on Chickadee Lane – a private road. He has previously aired these complaints to the CEO and the Board of Selectmen.

In short summary, his complaints are: the driveway/road is inadequate; permits have been issued which do not comply with Town Ordinances; buildings are unsafe and being occupied after warnings; inspections called for in the Ordinances are not being conducted; and there is a double standard for two different citizens of Lamoine.

Following a discussion of these issues, the Board observed that the Board, the Selectmen, the CEO and the Deputy CEO are aware of the issues and that none of them fall within the Planning Board's purview of authority. R. Fritz is eligible to file an appeal once a Certificate of Occupancy is issued. 

OLD BUSINESS 

D. Gott appeal of Site Plan and Gravel Extraction Permit denials for Map 8, Lot 3. The Board discussed at length M. Ross' (Attorney for D. Gott) response to the Board's “Findings”. Of the points he made in rejoinder, one especially will be challenged by the Board in defense of its decision to deny permits. That one has to do with the regulatory authority of a Town Comprehensive Plan IF (as is the case with the Town of Lamoine) the Comprehensive Plan in integrated into the Town's Ordinances.

J. Holt will develop the Board's position and present it at the Appeal hearing on June 21, 2010

OTHER BUSINESS

•  Note was made that S. Joy is offering lots for sale in his Raccoon Hollow subdivision – a subdivision approved by the Board on August 5, 2008. Board approval at the time was contingent upon, among other items, a condition that:

“The existing Pasture Way shall be brought into compliance with the current subdivision road standards as described in the Lamoine Building and Land Use Ordinance PRIOR to the SALE of any lots in the Raccoon Hollow subdivision.”

The Board recognizes this condition does not preclude the offering of lots for sale. It does preclude the sale of any lots until satisfied. To make certain S. Joy is aware of this distinction and to remind him that expiration of his permit is in August, 2010, M. Garrett was instructed to draft a letter to him with these two “reminders”.

The meeting adjourned at 8:17 pm.

Respectfully submitted,

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Monday, June 14, 2010 – Ordinance Development Workshop. 6:30 pm. Town Hall

Monday, June 21, 2010 (continuance on June 28 th if necessary). Gott Appeal. 7:00 pm Town Hall.

Tuesday, July 6, 2010 – Schedule July meeting. 7:00 pm. Town Hall.