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Minutes - February 1, 2016 (Draft, Subject to Correction)


Planning Board Members Present: Holt, Bamman, Tadema-Wielandt, McMullen, Legere (alt.)  Gabel-Richards (alt.)

Code Enforcement Officer Present: M. Billings

Members of the Public Present: K Gaianguest, M. Jordan, H. (Griff) Fenton, Catherine deTuede, Kathleen Rybarz

Members of the Press  None

 Chair Holt called the regular monthly Planning Board meeting to order at 7:06 PM

1. Consideration of Minutes of the January 4, 2016 meeting. Holt (Bamman) moved to approve the minutes as presented. Approved by VOTE of 5-0.

2. Code Enforcement Officer’s Report

a. Permits Issued ~ Report accepted.

b. Enforcement Issues (5) ~ Report accepted.

c. Conditional Permit follow-up (3) ~ Report accepted.

 3. Conservation Commission ~ No report.

 4.  Old Business ~ None

 5. New Business ~ Revisions to Building Permit Application Form. M. Jordan opined that the building setback distance ought to be measured from the center of the road, since it can be difficult to locate precisely where the sideline is. There was further discussion about road widths, and how to determine what each road’s width is. Tadema-Wielandt agreed to undertake to draft a revised model form.

 6. Ordinance Development ~

      a.  Chair Holt suggested that the appeals procedure ought to be applicable to, and available in one place for every ordinance (#14) therefore each ordinance must make reference to this new Appeals Board Ordinance. The Planning Board then began a discussion of administrative (appellate) review as distinguished from denovo review, wherein the Appeals Board not only takes new or additional evidence, but then rules on the basis of such new (denovo) evidence. There are many legal decisions which have determined whether an appeal may be conducted denovo, or whether it must be only an appellate (administrative) review. Chair Holt will prepare and forward to the Appeals Board a memo regarding the substance of these discussions.

      b.  Mandatory update of Flood Plain Ordinance in accordance with FEMA revision to Federal Flood Insurance Rate Maps. According to M. Jordan, it is currently permissible to build 1 (one) foot above the base flood elevation. He believes the minimum should be increased to 2 (two) feet above base flood elevation. The question was asked how much the flood zone has been increased, and a discussion ensued. Chair Holt will speak with Sue Baker of the Maine Flood Plain Management Program about all necessary steps for local compliance. Because a Certified Copy of a revised ordinance is required not less than 1 (one) week prior to being presented to Town Meeting, a Public Hearing on the subject of a revised ordinance was scheduled for Thursday, February 25 at 7 pm.

      c.  Revisions to the Gravel Ordinance were agreed to be addressed at a future date.

      d.  Lamoine is not in compliance with the State’s new Shoreland Ordinance. M. Jordan recommends that the town adopt Maine’s Model Shoreland Ordinance, and opined that currently the CEO has no authority to issue building permits in the Shoreland Zone

7. Other Business – None       

8. Next Meetings –

 April 4, 2016, May 2, 2016 and June 6, 2016

Adjourned at 8:18 PM.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary