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	Lamoine Planning Board Minutes - December 2, 2014

Planning Board Members Present: Holt, Bamman, Donaldson, Tadema-Wielandt, Fowler, Legere  (alternate), McMullen (alternate)

Code Enforcement Officer Present: M. Jordan

Members of the Public D. Bouffard, M. Moeller, G. Fenton, E. Miller, C. Korty, E. Bearor

Members of the Press  -  None         

1. Chair Holt called the meeting to order at 7:03 p.m.

 2. Consideration of Minutes

 Tadema-Wielandt (Fowler) moved to approve the minutes as written.  Vote: Approved 5-0.

3. Code Enforcement Officer’s Report

            a. Permits Issued –  Report accepted

            b. Enforcement Actions

• Tadema-Wielandt inquired about the October 22, 2014 Complaint (“unpermitted gravel removal”).  He noted that the words “permit issued by the Planning Board” were misleading, as they suggested the Board had issued a Gravel Permit.  The CEO reported that he’d found “no violation” of the Gravel Extraction Ordinance.  The record should be revised to indicate that the Board issued a Site Plan Review Permit and did not rule on the gravel requirement at the time of the SPR review.

• Tadema-Wielandt inquired about the October 14, 2014 Complaint (“scrap yard”).  The CEO reported that it was “being cleaned up”.  The “complaint date” should be corrected to read “November 14, 2014”.

• Tadema-Wielandt inquired about the June 3, 2014 Complaint (“tree removal”).  The CEO reported that “trees have been planted” and that he is “supposed to look at it over the next three years” to ensure they grow.

• The CEO also reported that, although he “hasn’t been there”, he’s “been told that the people are gone and the travel trailers are unoccupied”.  (See all three November 18, 2014 Complaints.)

c. Inquiry – Loon’s End property.  This matter has been resolved.  (See communications from Town Assistant and Town Attorney.)

4. Conservation Commission – No Report

5.  Old Business

a.  Monitoring Wells update – No information yet provided.

b.  Request for Building Permit Extension from Kathryn True, Marlboro Beach Rd. (Map 16 Lot 48; Permit # 13-22)

After a brief discussion, Donaldson (Fowler) moved to extend the permit for one year until November 25, 2015 (dated from the expiration of the previous permit, November 25, 2014).   Vote: Approved 4-0-1 (Tadema-Wielandt)

6.  New Business  -  No new business came before the Board.

7. Other Public Matters  - None.

8.  Ordinance Matters

a. Building and Land Use Ordinance revisions regarding use of recreational vehicles as dwelling units. 

Holt reported to the Board that he had offered the Board’s services to the Select Board regarding their desire to have this matter reviewed and possible revisions suggested following the recent Appeals Board hearing on the use of a recreational vehicle as a possible dwelling unit. 

A discussion ensued regarding the current wording, the ambiguities in it, and possible improvements.  Suggestions and clarifications were offered by Denis Bouffard (see emailed suggestion), Monica Moeller, Griff Fenton, Ed Miller, and Ed Bearor, attorney for an interested party.  Emerging from this discussion were the following questions and topics for the Board to consider:

i. what defines “recreational use” vs. “dwelling unit” use?  How do connections to water, power, sewer, and other systems relate to the temporary or permanent nature of these uses?

ii. how does the Town’s 40,000 square foot per dwelling unit definition of housing density relate to the location of recreational vehicles and the length of time they can remain in a location?

iii. does the current “30 days” duration for locating recreational vehicles mean “consecutive”?  “in one year”?  Both?

iv. our Shoreland Zoning Ordinance appears to conflict with the BLUO on this matter (see Bouffard email.)  Should they be consistent?

v. can a recreational vehicle be used as an “accessory dwelling unit”?  If so, under what conditions? 

Holt explained that the Planning Board will study these questions independently over the coming month or two, discuss options for revision, and draft revisions for further discussion.  More than likely, some of this work will be done in Board Workshops.  Donaldson invited members of the public to submit suggestions if they had them. 

b. Gravel Ordinance Revision

The Board reviewed the draft revisions from our November 6, 2014 meeting and made a number of refinements.  See December 2, 2014 Draft.  Donaldson reported that he had shared the November draft with Selectman Gary McFarland and had suggested that it might be useful for “a couple of members” of the Planning Board and of the Select Board to meet to discuss how the two sets of revisions might work together.  Holt restated the offer for the Planning Board to “provide input” when and if the Select Board wishes to hear from us. 

The Board will, at its next meeting, move on to discuss, among other things:

i. Revising the permit length to offer a 5-year option;

ii. Raising the threshold for requiring a Gravel Permit to 1,000 cubic yards;

iii. Creating a separate application and review procedure for “low use” gravel pits. 

9. Next Meetings:

January 6, 2015

February 3, 2015

10.  Adjourned at 8:52 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary