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Minutes - November 9, 2020 (Draft, subject to correction)

Present:  Board Members Don Bamman, Chris Tadema-Wielandt, Richard McMullen, John Holt, Alternate Member Stewart Workman, and CEO Rebecca Albright


Absent:  Board Member Perry Fowler and Alternate Member Steve Gabel-Richards


1.  Chair John Holt called the meeting to order at approximately 7:05 p.m.  In the absence of Secretary Steve Gabel-Richards, John Holt offered to be Secretary pro-tem.  Alternate Stewart Workman was appointed to serve as a full member for the meeting.  It was noted that the meeting apparently was not being recorded by the Town office equipment. 


2.  The Minutes of the October 5, 2020 were accepted as written.


3.  The Code Enforcement Officer’s report of building and plumbing permits issued was accepted.    


4.  No Permit Conditions Tracking Report was presented as no permit currently is being tracked.


5.  The Board voted 3-0 to rescind the Site Plan Review Ordinance permit which had been issued by the Board on July 11, 2018 to Harold MacQuinn, Inc. as mandated by the Lamoine Board of Appeals following its June 22, 2018 decision to reverse the Planning Board’s original denial of the SPRO permit to MacQuinn.  After a series of appeals, the Maine Supreme Judicial Court upheld the Planning Board’s original denial of the SPRO permit to MacQuinn, and remanded the decision and ordered the Board of Appeals to reverse its decision of June 22, 2018 and to direct the Planning Board to rescind the SPRO permit that had been issued on July 11, 2018. 


Prior to the Board’s taking up matter as outlined above, Chair John Holt recused himself from taking part in any discussion and decision and turned the meeting over to Vice-Chair Don Bamman.  Alternate member Stewart Workman, who had not been a voting member when the original permit was granted, also did not participate in the discussion and voting. 


The motion to rescind the SPRO permit was made by Chris Tadema-Wielandt and seconded by Richard McMullen.  The vote to approve was 3-0, with Bamman joining with Tadema-Wielandt and McMullen in voting in the affirmative. 


Secretary Pro Tem Holt will inform Harold MacQuinn Inc. and its agents of the Board’s decision.


6.  Ordinance Development

The Board continued discussion of Miscellaneous Ordinance Amendments. 


Most of the discussion was about ordinance definitions of Building Height.  It was noted that the definitions of Building Height in BLUO, SPRO, SZO and MUBEC (Maine Uniform Building and Electrical Code) were different, and thus confusing to apply and enforce.  After much discussion, a consensus seemed to coalesce around the SZO definition, namely, “The vertical distance between the mean original (i.e. prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.” 


There was agreement that the two paragraphs in SPRO Section J General Review Standards. 1 Preserve and Enhance the Landscape should be designated as a. and b. so as to make clear that they are distinct review standards.


There was agreement to reorganize SPRO Section M Appeals to clarify which type of administrative appeals (appellate or de novo) is permitted and to which body (Appeals Board or Superior Court) an appeal should be made.


No action was taken with respect to these possible amendments.  Discussion will continue at the December 7 meeting.


7.  Upcoming meetings:  December 7, January 4 and February 1.


8.  Holt reported that at the December 7 meeting, resident Glenn Crawford will attend to present his request to change the shoreland classification of his property from Limited Residential to Commercial Fisheries & Maritime Activities.


9.  Meeting was adjourned about 8:30 p.m.


Respectfully submitted,


John Holt

Secretary Pro Tem