MINUTES OF THE LAMOINE PLANNING BOARD
March 9, 2004

Approved April 6, 2004

Vice Chairman G. Donaldson called the meeting to order at 7:01pm.
Board Members Present: S. Branch, G. Donaldson, M. Garrett, L. Haft, B. Jones, C. Ohmart
Members of the Public in Attendance: D. Ashmore, R. Schur, D. Theall, J. Wourinen

The first order of business was to elect a Chairman to replace a resigned P. Fowler. M. Garrett nominated G. Donaldson for the position. Following a second by S. Branch, the nominations were closed. G. Donaldson was unanimously elected Chairman. G. Donaldson’s election to the Chairmanship left vacant the position of Vice Chairman, previously held by G. Donaldson. M. Garrett nominated S. Branch for the position. Following a second by L. Haft, S. Branch was unanimously elected Vice Chairman.

The Board then went on record as acknowledging with appreciation, the years of constructive and collegial service rendered to the Planning Board by P. Fowler. The Board wishes him well in his new role a Town Selectman.

Minutes: Minutes of the February 3, 2004 were approved as read.

Code Enforcement Officers Reports: The Board noted and questions issuance by the CEO of Building and Land Use and Shoreland Zoning permits to S. Gardner, Map 14, Lot 48. Early last fall the CEO brought to our attention that S. Gardner had made substantial renovations to an out building located in the Shoreland Zone. The CEO asked the Board to determine whether he or the Planning Board should assume authority for issuing the permits. After careful consideration, the Board, without dissent from the CEO, determined the Planning Board should oversee issuance of the permits.

In the ensuing months, S. Gardiner either failed to show before the Board or presented the Board with insufficient information to allow the Board to authorize the permits. At the January 6, 2004 meeting of the Board, Mr. Gardiner again failed to show before the Board. At that meeting, the Board listed the information required of Mr. Gardiner before the Board could consider his applications. The information sought was:

a)” A detailed plot plan showing the names of abutting landowners, boundary lines, perimeter footage, all setback measurements, Flood Plain boundary line and site elevation above the normal high water mark.

b) Front and side elevation drawings of proposed (i.e.) existing) structure.

c) A 1985 photograph showing the original deck.”

The Board also requested the CEO to cite Mr. Gardiner for his continued failure to appear before the Board with the requisite information.

In his monthly CEO Permit Report, dated February 26, 2004, the CEO indicates that he (summarily) issued both permits to S. Gardiner.

Puzzled by his action, the Board instructed the Secretary to request from the CEO in writing, answers to these questions:

1. On what authority did the CEO side step the Planning Board’s authority and issue these permits?
2. Is there a reason the Board was not informed about the CEO’s decision before he issued the permits?
3. Does the CEO recognize that here is yet another instance where a resident can renovate without a permit and be granted the permit after the fact and without consequence? It makes one wonder what is the purpose of the permitting process, does it not?
The secretary will write a letter to the CEO, requesting answers to these questions. This letter should become part of the official minutes of this meeting.

The Code Enforcement Officer’s Reports were accepted as conditioned and placed on file.

Conservation Commission: Donna Theall reported the Commission is looking for research funding. The research will be directed toward collecting data for a Lamoine Town Plan. Further, she reported, the Commission has secured the services of a teacher directed class from the College of the Atlantic. This class will collect research data for the Town as part of a class project this spring.

OLD BUSINESS
There was none.

NEW BUSINESS

Request from Robert Schur for an extension of Building and Shoreland Zone permits. Map 10, Lot 8-3, permit #03-45. M. Garret moved and L. Haft seconded a unanimously passed motion to extend the permit. Mr. Schur is instructed the see the CEO to get an extended permit.

ORDINANCE DEVELOPMENT

1. The Board discussed the “aftermath” of the Town’s rejection of its BLUO changes at the Town Meeting. The Board tentatively agreed to take the following steps.

a) At the April meeting, the Board will refine proposed changes and render them in final form.
b) At the April meeting, the Board will set a date for an informational hearing.
c) At the April meeting, the Board will set a date for a Public Hearing
d) The Board requests that these changes become an agenda item for a Town Meeting already scheduled in June.

2. At the April meeting, the Board will decide whether to accept the Parks Ordinance (drafted and presented by the Conservation Commission) as is or suggest alterations and additions. We ask that at least one member of the Conservation Commission and one member of the existing Town Parks Commission (if there is one) be present at this meeting. The Board suggests that the Conservation Commission take the lead in the presentation of this Ordinance, scheduling it for the aforementioned informational meeting, the Public Hearing and for a vote at the June Town Meeting.

OTHER BUSINESS

1. David Ashmore of 634 Lamoine Beach Road requests that he be permitted to place a “travel trailer” in his driveway from which to sell food and beverages to passersby .The Board determined he needs a permit for a commercial operation, providing information for those review criteria items pertinent to that which he plans to do. He needs also to provide the Board with a letter signed by abutting neighbors indicating they do not oppose the proposed operation.

2. The Board will take under advisement, information pertaining to impact fees for later consideration.

3. At its April meeting, the Board will discuss those items pertinent to its operation contained on the Long Range Planning Questionnaire.

The Board adjourned at 8:24pm.

Respectfully submitted,

Michael F. Garrett, Secretary

April 6, 2004 – The next meeting of the Planning Board.