MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Tuesday, March 23, 2010
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, in Northeast Harbor.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, Marilyn Damon, and Jean Bonville, Interim Town Manager Durlin Lunt, Town Clerk Joelle Nolan, Code Enforcement Kim Keene, Recording Secretary Jennifer McWain, Planning Board Chairman Jim Bright, Zoning Board of Appeals Chairman Harry Maderia and members of the public.
Call to order.
Chairman Richardson called the meeting to order at 5:00PM.
Minutes
None
Appointments and Communications
None
IV. Consent Agenda
None
V. Selectmen Reports
None
VI. Old Business
None
VII. New Business
A. Bassa Cocina’s court decision on remand to Zoning Board of Appeals and Planning Board.
Interim Town Manager Lunt explained that the Magistrate handling this appeal claims that sections 6.9 and 6.10 of the Town’s Land Use Ordinance are unconstitutionally vague. Town Attorney Durwood Parkinson recommended that the Town pursue the suit against them. Based on his experience he feels that it is a flawed decision and similar cases like this one have been appealed once the appeal goes to a full court.
Code Enforcement Keene commented that the Planning Board and Zoning Board were very thorough when they reviewed Bassa Cocina’s request. Code Enforcement Keene felt that the Town has a case and should fight it first and then if the Town needs to rewrite the ordinance at least the appeal was filed. Keene reminded the Board that the idea of a Noise Ordinance was brought before the Board and there was no interest.
Zoning Board of Appeals Chairman Harry Maderia urged that the appeal be filed to avoid having to rewrite sections 6.9 and 6.10 of the Land Use Ordinance with the likelihood of having to include a noise ordinance. Such an ordinance was rejected at a prior Town Meeting.
Selectman Mooers moved to authorize Interim Town Manager Lunt to engage Town Attorney Durwood Parkinson to pursue the appeal for a fixed fee of $5000.00 and to so notify Attorney Parkinson prior to March 25, 2010 of same, seconded by Selectman Damon. The motion was approved 5-0.
VIII. General Issues
None
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
None
XI. Executive Session
None
Selectman Bonville moved to adjourn at 5:25PM, seconded by Selectman Bucklin. The motion was approved 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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