Board of Appeals Report

Two matters dominated the Lamoine Board of Appeals during 2003, and we’ll summarize each:

Alvarez et al Vs. Pettegrow

Neighbors of the Seal Point Lobster Pound challenged the issuance of a Shoreland Zoning Permit for a parking lot expansion by the Lamoine Planning Board in late 2002. After receiving testimony, the Appeals Board ruled that the Planning Board failed to sufficiently document its findings in issuing the Shoreland Zoning Permit. Additionally, the Board of Appeals ruled that the project also required a Site Plan Review permit which was not applied for at the time of the Shoreland permit. The matter was referred back to the Planning Board. Subsequent to Planning Board action, a Site Plan permit was issued, but that issuance was appealed by the neighbors on several grounds. The latest appeal is pending at the end of 2003 and will likely be scheduled for hearing in 2004.

Town of Lamoine vs. Larson

Initially a complaint was brought by the Lamoine Board of Assessors against John & Carolyn Larson and a lack of action by the Code Enforcement Officer for violation of the Shoreland Zoning Ordinance. The Larsons replaced a building that was located less than 100-feet from the high water mark without first obtaining the proper permit. The Appeals Board dismissed this complaint due to a lack of standing by the Assessors. The matter came back before the Appeals Board after the town issued a Notice of Violation to the Larsons, and the Larsons appealed. After a hearing, the Board of Appeals found in favor of Lamoine’s Code Enforcement Officer who ordered the building moved. Since the finding the Larsons have moved the building and the Board of Selectmen worked to adjudicate a settlement.

Personnel

The Board of Appeals remains intact from the previous year with Melody Havey as chair, Nicholas Pappas as secretary, Jay Fowler, Warren Craft, John Wuorinen and Chris Tadema-Wielandt rounding out the board.