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Lamoine Planning Board Minutes

November 14, 2006

Chairman Branch called the meeting to order at 7:03 pm .

Board Members Present: S. Branch, G. Donaldson, J. Gallagher, M. Garrett, M. Jordan

CEO: D. Ford

Members of the Public in Attendance: A. Belch, E. Belch, K. DeFusco, M. Hamby, J. Holt, S. Marckoon,

C Smeal. S. Salsbury, C. Weber, D. Worcester, W. Wright.

Minutes: Minutes of the October 3, 2006 Planning Board were accepted as presented.

CEO Reports: Reports from the CEO were accepted and placed on file.

 

OLD BUSINESS

1. Subdivision application – W. Wright/S. Salsbury – Map 4, Lot 35. G. Donaldson moved and M. Garrett seconded a motion to find the preliminary application complete. Motion passed unanimously.

The Board then considered the full application and found the following information to be ei the r missing or incomplete:

G. Donaldson moved and M. Garrett seconded a motion to find the application complete. The motion was unanimously rejected.

2. Sno-Drum Subdivision Application. Map 3, Lot 27. No one was present to represent the applicant. The Board took no action.

3. Tweedie Case Map 14, Lot 45. The cabin will be relocated beyond the 100 foot setback. The issue is resolved.

NEW BUSINESS

1. Home Occupation permit application, David Worcester, Map 4, Lot 20-4. D. Worcester seeks to establish a glass business and requests he be permitted to use his garage as a storage area for glass. A small, private dumpster is placed close by for waste discard. G. Donaldson moved and M. Garrett seconded a motion to grant a temporary (30 days, expiring on December 14, 2006 ) permit. The permit will be made permanent when the following two conditions are met.

2. Shore Frontage, Boulder Cove subdivision, A. & E. Belch, Map 3, Lot 12 et al. The original subdivision was approved in 2003 indicating all lots had a minimum of 200 feet of shore frontage.

A more recent interpretation of how shore frontage is to be measured (at the high water 100 foot setback from pin to pin) reduces the shore frontage on four lots to a point under the 200' minimum required by the Ordinance. The question is: Since investments have been made in the affected lots and since the y are being used as collateral for other enterprises, what now?

S. Marckoon will attempt to get a legal opinion on these five questions.

  1. Was the subdivision approved in error and, if so, what can be done at this point to rectify the error?
  2. Is the CEO correct in denying a Shoreland Permit even though the lots were approved in the subdivision plan based solely on the minimum shore frontage requirements?
  3. What authority would the CEO have to grant a Shoreland permit to a non-conforming lot approved by the Planning Board ?
  4. What authority would the Planning Board have to grant the CEO the ability to permit the non- conforming issue – minimum shore frontage?
  5. What other answers might be available to any of the three parties involved?

3. Building Permit Extension Request, Cathy Smeal, Map 18, Lot 3 . The Board viewed this second request for permit renewal ( the first have been for two years) as contrary to the purpose of permit extension – i.e. to ensure a proposed project does not sit idle indefinitely. The Board unanimously (upon motion by M. Jordan, seconded by G. Donaldson) rejected this request suggesting that C Smeal apply for a building permit when she is ready to build.

4. Gravel Pit Renewals – D. Gott & Sons Map 3, Lots 2, 2-1; Map 7, Lot 9; Map 2, Lot 6. In reviewing criteria for permit extension renewal the Board found the following items missing for each of the four pits. The missing items are:

G. Donaldson moved and M. Garrett seconded a motion to find the application complete. The motion was unanimously defeated.

Notwithstanding incomplete applications, the Board designated a site visit. Missing materials will be supplied at the time of the visit or before. The site visit is scheduled for Saturday, December 9, 2006 . Board members will convene at the Town Hall at 8:00am

OTHER BUSINESS

Budget for2007/08. The Board recommended the budget request remain at $1,200.00 – the same as this year.

The meeting adjourned at 9:29pm

Respectfully submitted,

Michael F. Garrett, Secretary