EDGECOMB PLANNING BOARD
MINUTES,
1. Call to Order
Chairman Jack French called the meeting to order at
2. Roll Call
Members present were Vice Chairman David Boucher, Chairman Jack French, Barry Hathorne, Pat Jeremiah and Jarryl Larson. Alternates David Nutt and Amber Tonry were absent.
3. Approval of
October 7, public hearing and meeting minutes
David Boucher moved to approve the minutes as written. Vote 5-0-0.
4. Candace Leonard
(Larry Cilley) - Building permit application for addition of enclosed porch
Applicant was not present.
6. Douglas Johnson
- Proposed change in Resource Protection District on Perry’s lot off Parson’s
The chairman requested that this item be taken out of order. Douglas Johnson, representing Robin and Rosalie Perry, provided the board with a plan and aerial photo of the Perry’s property, which showed part of it in the Resource Protection District. Johnson said this part did not meet the five criteria listed in the Shoreland Overlay District, Section 1.8.1 of the Land Use Ordinance. He provided letters from the Maine Department of Inland Fisheries and Wildlife and from the Division of Land Resource Regulation of the Maine Department of Environmental Protection, both disagreeing with the town’s designation of this portion of the property as Resource Protection. He requested on the Perrys’ behalf that the board review the criteria for a Resource Protection District and change the designation to Limited Residential that would allow the Perrys to build their home within 100 feet of the shore, which would be prohibited if that portion of the land were in Resource Protection.
The board reviewed the criteria and found that Article III Section 1, subsection 1.8.1.1 referred to wading bird habitat, but according to the DEP the setback for the habitat appears to end by the outlet of the stream, which is not a part of the portion in question. Subsection 1.8.1.2 is not applicable (refers to flood plains). Subsection 1.8.1.3 is relevant only to areas of two or more contiguous acres with sustained slopes of 20% or greater, and there are no sustained slopes of this size. Subsection 1.8.1.4 is not applicable and subsection 1.8.1.5 deals with land areas subject to severe bank erosion and this portion of the property is ledge.
Members of the board will meet Doug Johnson on Saturday,
October 30 at
5. Discussion of
changes to the Appeals Board Ordinance
Jack French said that in comparing the Appeals section of the Edgecomb Land Use Ordinance with the state ordinance, he found that the town ordinance did not include some of the state requirements. There was a consensus that Section 3 of the LUO be changed to substitute Section 4, 4A and 4B of Maine Revised Statutes, Title 30-A §4353. The secretary will prepare a draft for the next meeting.
7. Discussion of
Robert’s Rules of Order
David Boucher, who had previously emailed to the board the Introduction to Robert’s Rules of Order, encouraged the board to follow this procedure to avoid having someone taking over the meeting by continuing to talk out of turn. He said that although the board followed the rules generally, there were occasions where they were not enforced. Possible items that may be brought up under “Other Business” were discussed such as questions from a prospective applicant, matters to be scheduled for a future meeting, or announcements by members.
8. Other Business
Jarryl Larson asked that an item be put on the next agenda to discuss the residential units and CEO interaction regarding the Sheepscot Harbour Village & Resort where a stove has been approved for one of the cottages contrary to the planning board approval. She said there should be some procedure to flag these approvals so that the current and future CEOs will be aware of the special conditions of approvals. There was a consensus that the item be addressed at the next meeting; the chairman will invite the Code Enforcement Officer.
Larson also asked that the board take up at its next meeting a motion that the board review and draft a submission to the State Planning Office of an ordinance map covering all current lands that fall under the new dimensional zoning changes made at the Special Town Meeting on September 30, 2010 and review for compatibility all applicable Comprehensive Plan strategies and goals covering Municipal Facilities as found in Part 5, Public Facilities and Services, on page 43 and in Part 6 Policies, Strategies Introduction, on page 67. She listed an additional 12 sections of the comprehensive plan, which she asked the board to review to insure compatibility with the ordinance changes.
Jack French said he had spoken to the chairman of the comprehensive plan committee and the first selectman regarding the comprehensive plan and the review of it by the newly hired consultants. He felt the motion was premature.
David Boucher moved to place the first request on the agenda. Vote 5-0-0.
Jarryl Larson’s motion to add an agenda item regarding the
review of the comprehensive plan for compatibility with the recent ordinance
changes failed on a
In response to a question regarding updating the Land Use Ordinance, Jarryl Larson said that Byron Johnson had the master but would not add the new ordinance revisions until the review of their compatibility with the comprehensive plan was completed by the board.
9. Adjournment
Jarryl Larson moved to adjourn the meeting at