Town of Lamoine, Maine
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MINUTES OF THE LAMOINE PLANNING BOARD
June 6, 2006
Chairman Branch called the meeting to order at 7:03 pm
Board Members Present: S. Branch, M Garrett, M. Havey, E. Neleski, C. Ohmart
Members of the Public in Attendance: C. Brann, Y. Brann, B. Carter, K. DeFusco, G. Ford, Jane Fowler , Jay Fowler, P. Fowler, M. Jordan, J. McCormack, N. Musson, J. Perkins, P. Roy, E. Snow, T. Towne, C. DeTuede, J. Tweedie
Minutes: Following an amendment for a grammatical change (adding the letter “t” to the letter “a” – making the word “at” in the first sentence of Public Hearing) , the minutes of May 2, 2006 were approved.
CEO Reports: CEO reports tabled at the May 2, 2006 meeting were removed from the table, accepted and placed on file. CEO reports prepared for the June 6, 2006 meeting were accepted and placed on file
1. Shoreland Zoning Permit (after the fact) – J. Tweedie, Map 14, Lot 45. Attorney Peter Roy approached the Board as a representative of J. Tweedie. M. Havey raised the issue of a potential conflict of interest. P. Roy is in partnership with Anthony Beardsley. While A. Beardsley is not officially the “Town Attorney”, he is in fact the lawyer whose advice is sought regarding Town legal matters. Should the “Tweedie Case” find its way into the court system, a conflict would be evident. P. Roy acknowledged the possibility, removed himself from the proceedings and took a seat in the audience.
Following a lengthy discussion, the Board focused on two issues – issues which are elaborated in the “Findings” to be rendered by the Board. In brief, the Tweedie log cabin was severely damaged when a tree fell on it during the winter. Attempting restoration, carpenter ants were discovered to have caused so much damage that restoration was impractical. Without seeking a permit, the Tweedies demolished the existing structure and undertook a substantial reconstruction. Their appearance now before the Board is to seek a permit after the fact.
Board deliberations centered around those provisions of the Shoreland Zoning Ordinance which specify maximum allowable square foot area AND (not or) cubic foot volume in the reconstruction of a damaged home in the Shoreland Zone. In neither case is the increase to exceed thirty percent (30%). The Board found that the actual increase in area (square footage) exceeds the limit by fifty-five percent (55%); in volume, by thirty one percent (31%). Board calculations can be found in the Findings – to be issued as a separate document.
M. Garrett submitted the following motion. “The Planning Board finds the un-permitted reconstruction of this property exceeds the maximum allowable increase contained in the Shoreland Zoning Ordinance in both area and volume and therefore cannot be permitted after the fact.” The motion carried 4 in favor; 1 abstention.
2. Gravel Pit Renewal – Fowler/Jordan - Map 7, Lot 16. Meeting all of the review criteria, M. Garrett moved a renewal permit be granted. The motion carried 5 – 0
3. Subdivision Pre-application – SnoDrum LLC – Map 3, Lot 27. The pre-application is deemed complete though the developers are asked to reconsider (reconfigure) the back line footage (presently shown as 87 feet) of Lot 5 and to list the abutters across the street from the subdivision. M. Garrett moved and E, Neleski seconded a motion to accept the pre application as complete. 5 voted in favor; none against.
In a discussion of the Site visit, the Board requests that prior to the visit, the se areas be clearly marked (flagged):
A site visit is scheduled for Saturday, June 24, 2006 . Interested parties are to assemble at the Town Hall at 7:30 am
4. Water Monitoring Reports. The reports were accepted and placed on file. M. Garrett requested that the CEO make certain D. Gott & Sons filed a water report on the Stump Grinding operation promised for May 31, 2006
1. Home Occupation Application – J. Perkins – Map 19, Lot 6. The details contained in Mr. Perkins' application satisfied the Board sufficiently to grant the permit. M. Garrett moved and M. Havey seconded a motion to grant the permit. 5 voted in favor; none opposed.
2. Communication from Carolyn Gray re: driveway permit – Map 10, Lot 7-1. Between having difficulty understanding the nature of C. Gary's request and having no one present to provide clarification, the Board voted to table this issue (on a motion by M. Havey, seconded by C. Ohmart) until its July 11, 2006 meeting. Hopefully someone will be present to aid the Board's deliberations. M. Garrett will convey this decision to C. Gray.
Shoreland Zoning Ordinance. With Coastal Bluff maps now in the Town's possession, the Board scheduled a workshop for Wednesday, June 21 at 6:30 pm at the Town Hall. If all goes well, this could be a wrap-up meeting so bring all relevant documents.
The meeting adjourned at 9:15 pm .
Michael F. Garrett, Secretary
Tuesday, June 20, 2006 . S. Branch and M. Garrett convene as part of a CEO study committee. 3:30pm. Town Hall.
Wednesday, June 21, 2006 . Shoreland Zoning Workshop. 6:30pm. Town Hall.
Saturday, June 24, 2006 . Site Visit – SnoDrum subdivision site visit. Assemble at the Town Hall at 7:30am .