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Lamoine Planning Board

Minutes - February 3, 2015

Planning Board Members  Present: Holt, Bamman, Donaldson, Tadema-Wielandt

Code Enforcement Officer Present: M. Jordan

Members of the Public G. Fenton, L. & P. Mobraten, the Bouffards, E. Bearor

Members of the Press    None

1. Chair Holt called the meeting to order at 7:06 p.m.

2. Consideration of Minutes

 Two corrections were made to the January 6, 2015 minutes.  Tadema-Wielandt (Bamman) moved to approve the minutes as amended.  Vote: Approved 4-0

3. Code Enforcement Officer’s Report

            a. Permits Issued  report accepted

            b. Enforcement Actions

         Holt enquired about the “Status of Complaint” pertaining to three gravel pits under a Consent Agreement (Goodwin, M1 L75; MacQuinn M20 L2; MacQuinn M3 L31,33).  These should be listed still as “Pending” as the Board of Selectmen has not acted on the Planning Board’s recommendations (see January minutes).   Jordan reported that MacQuinn has attempted to drill the required well on the Kittredge lot (M3 L31,33).

         Tadema-Wielandt asked if the correct well labels have been inserted in the MacQuinn application materials for the Higgins Pit.  (See January minutes.)  They apparently have not, as no additional documents have been received.  Chair Holt will follow-up.

4. Conservation Commission  No report.

5.  Old Business

a. Well monitoring data from gravel pits.  No data has been submitted for the one remaining pit for which it is required (MacQuinn; M3 L31,33).

6.  New Business

a. State of Maine.  Boat launch and parking at Lamoine State Park.  No materials submitted.

7. Other Public Matters

a. Members of the public inquired about the Planning Board’s discussion in January regarding revisions to the Building and Land Use Ordinance pertaining to the use of recreational vehicles as dwelling units.  After a series of remarks and a brief reading of relevant language from the ordinances of neighboring towns, discussion centered on whether the Board plans to amend the ordinance.  E. Bearor, speaking on behalf of a client, argued that the ordinance does not need amendment as it applies the “one dwelling unit per 40,000 square foot lot” principle.  Others in the audience agreed with this position.  D. Bouffard felt that permitting recreational vehicles for dwelling purposes negatively effects the value of his property in the neighborhood.

Board members and CEO Jordan reiterated the confusion regarding the length of time a recreational vehicle is permitted to remain in one location.  It was pointed out that the fact that the Board of Appeals has recently interpreted the “30 day limit” in one case to mean “within a calendar year” does not change the current ordinance nor necessarily apply to other cases.  CEO Jordan and Donaldson revisited the difficulties of documenting the whereabouts of recreational vehicles and the duration of their stay in a single location, suggesting that amendment might be recommended to clarify.  Members of the Board further noted the inconsistency between the BLUO and the Shoreland Zoning Ordinance (which permits 120 days).  Earlier in the discussion, Jordan noted that the ordinance does not permit an owner to rent a recreational vehicle to others, but that it does permit an owner to live in her/his recreational vehicle and rent her/his residence on the same property to others.

The discussion ended without resolution.

8.  Ordinance Matters

a. Holt reminded the Board that the meeting with the Board of Selectmen to discuss revisions to the Gravel Ordinance scheduled for Feb. 11 has been postponed.  He will suggest new dates to the Select Board on behalf of the Planning Board.

b. Administrative Follow-Through on Planning Board Decisions.  Chair Holt raised this matter in the context of Doug Gott & Sons, Inc. failure to obtain an easement as required in a condition placed on the commercial building permit issued in 2014.  He directed the Board to the procedural aspects of following through in cases such as the Gott case.  Discussion revolved around the responsibilities and jurisdictions of the Code Enforcement Officer, Planning Board, and Select Board as described in the Building and Land Use Ordinance, the Site Plan Review Ordinance, and the Shoreland Zoning Ordinance.  (Relevant section of the ordinances were provided.)

The ordinances appear to assign administrative oversight to ensure compliance with permit criteria to the Planning Board with specific assistance from the CEO.  The Board of Selectmen generally have enforcement authority in cases brought to them through the CEO and/or Planning Board.

    Among the suggestions made were:

         Do not issue any permit until every condition has been met.

         Document each condition placed on a permit in a “running list” similar to our list of “enforcement issues” so it comes to the Board’s and CEO’s attention every month.

         Assign specific monitoring responsibility to the CEO and/or others until the condition is met. 

c. Draft of Annual Compliance Inspection report format.  Chair Holt presented a draft of this report format and the Board reviewed it, line by line.  Several minor suggestions were made (and noted by Holt for revision).  CEO Jordan agreed that this will provide a comprehensive review of gravel operations and made a suggestion designed to reduce the amount of paper reporting generated by this process.  The Board will talk further about making the procedures efficient and effective.

9. Next Meetings:

Meeting with Board of Selectmen  TBA

March 3, 2015

April 7, 2015

10.  Adjourned at 9:05 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary