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Lamoine Planning Board Minutes August 2, 2005 (Draft Copy, Subject to Change)

Chairman G. Donaldson called the meeting to order at 7:00pm .

Board Members Present: S. Branch, G. Donaldson, M. Garrett, M. Havey, L. Landon, C. Ohmart

Members of the Public in Attendance: R. Bachelder, K. Defusco, P. Leonard-Johnson, S. Leonard- Johnson, J. Ploszaj (with two children), R. Simons.

The opening order of business was the election of Planning Board officers:

Chairman - Stuart Branch . Nominated by M. Garrett, seconded by M. Havey. Unanimous.

Vice Chairman – Gordon Donaldson . Nominated by C. Ohmart, seconded by M. Havey. Unanimous.

Secretary – Michael Garrett. Nominated by G. Donaldson, seconded by M. Havey. Unanimous.

Minutes: The minutes of June 7, 2005 were amended to correct the spelling of three proper names (Garret/Garrett. Omart/Ohmart and Plosjaz/Ploszaj). Minutes were approved as amended.

Code Enforcement Officer's Reports: The reports were accepted and placed on file.

OLD BUSINESS

  1. Request of J. Ploszaj re: DEP Findings – Map 14, Lot 66. J. Ploszaj has a Tier I permit from the State of Maine to construct a drive, a gravel pad and a path to the shore.The drive and gravel pad fall under the provenance of the Code Enforcement Officer. Since the path proposed lies within the Flood Plain, Planning Board approval is required. J. Ploszaj is asked to submit a written application for the path to the Planning Board .
  2. Home Occupation Application. The being more pressing immediate issues before the Board (Consideration of the Shoreland Zoning Ordinance and an Appeals Board Ordinance) this item will be considered at a later date.

 

NEW BUSINESS

  1. Subdivision Permit Extension, R. Simons, Map 7, Lot 4, 4-4). G. Donaldson moved and M. Garrett seconded a motion to extend for one year the subdivision permit previously granted to R. Simons. The effective beginning date of the extension is November 4, 2005
  2. Subdivision Preapplication, S. & P. Leonard-Johnson, Map 1, Lot 6A. Following consideration of the preapplication and some discussion, M. Garrett moved to find the preapplication complete. G. Donaldson seconded the unanimously passed motion.

A site visit is scheduled for Sunday, August 14, 2005 at 8:00am . Board members are to meet at the General Store at eight o'clock .

OTHER BUSINESS

Consideration of Kevin Ireland's approved but sold subdivision, Map 9, Lot(s) 27, 27A. R. Bachelder has purchased the entire approved subdivision from Kevin Ireland. To date, no lots have been sold. R. Bachelder proposes to amend the subdivision by changing the covenants approved the reon. He proposes to add some. He proposes to delete some.

Before taking any action, the Planning Board requests two pieces of information.

  1. R. Bachelder is requested to put in writing the specific covenants being deleted from the approved plan and the specific covenants being added to the approved plan.
  2. M. Garrett is requested to seek a legal opinion regarding the request to change covenants on a previously approved subdivision plan. The question is:

    “Does changing ONLY covenants on an approved subdivision plan necessitate a full scale review of the entire plan?”

In consideration of this question, three salient facts need be considered. The first is that NO OTHER CHANGES of any sort are being proposed to the plan. The second is that NO lots have been sold or are committed to be sold. The third is that recently adopted changes to the Town Building and Land Use Ordinance include this provision, (Section 12, D. 2)

“Any and all proposed amendments to an already approved subdivision shall follow in full the application procedures outlined in this section.”

The meeting was adjourned at 8:35pm .

PENDING COMMITMENTS

Monday, August 8, 2005 . Shoreland Zoning Workshop, Town Hall, 6:30pm

Sunday, August 14, 2005 . Site Visit, Leonard-Johnson subdivision. Meet at the General Store. 8:00am

Tuesday, September 6, 2005 . Monthly meeting. 7:00pm , Town Hall.

Respectfully submitted,

Michael F. Garrett, Secretary.