MINUTES OF THE LAMOINE PLANNING BOARD

September 3, 2002

Chairman P. Fowler called the meeting to order at 6:58pm.

Board Members Present: J. Bragdon, D. Coleman, G. Donaldson, P. Fowler, M.Garrett, D. Smallidge

Code Enforcement Office: J. Holdsworth, J. Larson

Members of the Public in Attendance: R. Alvarez, D. Ashmore, A. Belch, E. Belch, A. Curtis, B. Davis, J.A.Davis, J. Davis, P. Downey, G. Dumas, J. Dumas, D. Ford, G. Ford, Jr., Jane Fowler, M. Googins, Jr., 

S. Googins, J. Kane, Jr., E. Keene, M. Keene, C. Korty, C. Luck, T. Towne, J. Wuorinen.

Minutes - Minutes of the August 6, 2002 Planning Board were accepted as written.

Code Enforcement Officer’s Reports – Following a presentation by J. Holdsworth, the reports were accepted and placed on file.

Conservation Commission – C. Korty was in attendance representing the Conservation Commission.

OLD BUSINESS

1.       Public Hearing & Action re: Subdivision by J. Aubrey Davis, Map 4, Lot 41. An extensive discussion was held, centering mainly around two points.

   

a)  Completeness of the application. Several abutters and interested parties, among them R. Alvarez who submitted his observations in writing, stated the subdivision application lacks being complete according to the Building and Land Use Ordinance. Specifically is cited:

(1)      “Boundaries of the parcel to include remaining portions of owner’s land”. The problem here stems from the size of the lot compared to the map scale required by the Ordinance. Where the two are incompatible, the Board had accepted one map to scale of the proposed lot being created and the tax map depicting the whole lot. Since using the tax map for such purpose may not be legal, Mr. Davis is required to submit two maps – the one drawn to scale already accepted; another NOT drawn to scale depicting the entire lot.

(2)     ”Names and addresses of owners of abutting properties and location of their        abutting properties, indicating structures within 200 feet of the common boundary.”  These need to appear on the second of the two maps cited above.

(3)     “Sufficient data to determine … lot line and boundary line, and to establish these       lines on the ground.”

(4)     “Certification by a licensed surveyor or equivalent authority.” There is some question       about whether the seal on the map submitted meets this criteria.

(5)     “If the proposed subdivision in any way falls within the jurisdiction of and is subject to review by the State of Maine Department of Environmental Protection, then approval of that agency shall be secured in writing before submission of the Plan.” Since the overall size of the lot (basically a gravel pit) does fall within the purview of the DEP, written permission is a requisite to submission of a subdivision plan.

(6)     Though not submitted by Mr. Alvarez, others cited the need to post the property’s wetlands on an official map.

b)  Public Notification. Mr. Towne spoke at some length about that which Maine statutes require in the form of public notification in subdivision matters. Two salient points emerged.

 

(1)     For hearings of the type here considered, two public notices are required. Using local newspapers, a hearing must be advertised either twice in one newspaper or once each in two different newspapers.

(2)     An applicant must be formally notified in writing about the Board’s acceptance or       rejection of a subdivision application.

The hearing was closed.

The Board is of the opinion it has the authority to reconsider a vote to accept an application as complete provided the vote to reconsider is taken within thirty (30) days of the vote to accept. In this case, the vote to accept this application as complete was taken on August 6, 2002. On a motion made by M. Garrett, seconded by J. Bragdon, the Board unanimously voted to reconsider this application based upon the concerns raised at the public hearing. In effect, J. A. Davis needs to submit another application meeting all of the criteria set forth in the Building and Land Use Ordinance.

2.       Public Hearing & Action re: Subdivision proposed by A. & E. Belch and P. Downey, Map 3. Lot 39

       During the hearing, concerns were raised about traffic, utilities, water and septic effluent. To the extent      possible, the applicants and the Board responded to these inquiries. Following a review of required criteria, D. Coleman moved and J. Bragdon seconded a motion to approve the application. The vote was unanimous.

3.       Shoreland Zoning Permit – Parking Area, A & J Pettegrow, Map 8, Lot 12-2. The Board awaits a decision from the Selectmen about a penalty for constructing a parking lot without a permit. In direct and indirect response to this operation, the Board approved two motions.

a)  The direct response. D. Coleman moved and J Bragdon seconded a motion to institute an immediate moratorium on the use of the non-permitted parking lot until a legitimate permit is obtained. Four voted in favor; one (P. Fowler) abstained.

b)  Since the evolved use of this and at least one other property in town is different from the use for which the original permit was issued, the Board unanimously voted upon a motion made by D.Coleman and seconded by J. Bragdon. Moved that J. Holdsworth be instructed to call the Maine Municipal Association legal department and make the following inquiry:

“What authority does a Planning Board have if a permit holder alters the use for which a permit was originally issued?”

The Board continues to harbor concerns that more than the permitted ten percent of zoned shorelands is being ‘footprinted’. We have requested concrete evidence provided by the owner, it does not. Thus far, that evidence is not forthcoming.

New Business

     Correspondence from Ralph and Mary Miro and Stu Marckoon’s response to it were placed on file.

Ordinances

    D. Coleman is actively working on Building and Land Use Ordinance modifications and will submit suggested alterations in the coming months. The Board will also consider Flood Plain Ordinance revision at this time.

    There being no other business introduced, the Board adjourned at 9:39pm

Next Meeting: The October meeting of the Planning Board will be October 8, 2002 at 7:00pm

Respectfully submitted,

Michael Garrett, Secretary