Town of Otisfield
Planning Board Meeting
And
Public Hearing: 2006 Ordinance Changes
7:00 PM
February 7, 2006
1. Call to order: The Public Hearing was called to order at 7:13 PM.
2. Attendance: Members present were Chairman Rick Micklon, Dan Peaco, Maureen Howard, Alternate Mike McAllister, Recording Secretary – Alternate Shirley Hamilton and CEO, Zak Horton (Vice Chair Stan Brett and Win Webster – absent)
3. Quorum: Board had a quorum / no Alternates were moved up / no voting will occur.
4. Opening statement and introductions: Rick Micklon, Planning Board Chairman
5. Public Hearing: Current (2005) building ordinances/ Proposed (2006) Changes:
Item 1. – Definition of driveway:
Current Ordinance: “Driveway” a vehicular access way less than 500 feet long, serving two (2) lots or less.”
Proposed change: Remove the “less than 500 feet long”, in the Road Ordinance ONLY; so as to read as follows:
“Driveway: A vehicular access way serving two (2) lots or less, except if within Shoreland Zoning.”
Jim Bishop: Would like to know the context for the change. RM: public input was negative about the “less than 500’”, many driveways are currently over this distance, with this change, it’s either a definite road or driveway. JB: Are driveway specs that much different then road. RM: No specs on a driveway. MH: Town passed a new Road Ordinance last March, if someone builds a house 501’ from the road, then they don’t have to have the expense of the Road Ordinance. RM: PB felt that subdivisions are an investment and they should put the money in for an engineered road. The exception to this is shore-land zoning. That is a resource we are trying to protect. Garry Tougas: Is there any liability to the town if the road is to far in for the FD to access the road? Garry Dyer,
Former Fire Chief: No, you can choose to build your house in the middle of the woods; you take on the liability and chance of access for fire & rescue.
Item 2. – Underground Utilities:
Current Ordinance: “Underground Utilities – Underground utilities will be required when the distance from the pole to the structure requires an additional pole beyond the right of way. The planning board may consider a waiver due to restrictions of land topography.”
Proposed change: To remove the requirement of buried services, with the exception of the last 25-foot distance to the structure.
“Underground Utilities – Any and all utilities from the road/street (public or private) to a new structure, can be no closer than twenty-five (25) feet from said structure. This distance shall be underground. This ordinance is separate from the requirements under the subdivision ordinance, effective March 1, 2003, Article 12, Section 12.8, Page 40, utilities.”
RM: PB would like to remove anything that allows them to grant waivers or variances. This is a BOA issue. We don’t want to hinder people financially, however will not take monetary conditions into consideration. Jim Bishop: Why 25’ and not 50’?
RM: Typically people have 25’ to 35’ yards. We felt if you put a pole too far out, you have to start clearing out more trees. RM explains PB discussed shut off option, but stated they didn’t want to govern that. However, the public has the option to put a shut-off switch on the last pole, prior to buried service.
Item 3. – Heating Oil Tanks:
Current Ordinance: “Heating Oil Tanks – All new residential dwellings with outside home heating oil tanks must have self containment with a protective roof structure against the elements. All new residential dwellings with inside home heating oil tanks must have self containment.”
Proposed change: To add “replacement tanks” to the ordinance; so as to read as follows.
“Heating Oil Tanks – All new residential dwellings with outside home heating oil tanks must have self containment with a protecting roof structure against the elements. All new residential dwellings with inside home heating oil tanks must have self-containment. All replacement tanks within existing dwellings, inside our outside, must have self containment.”
John Steede: Are there regulations on the type of containment you must have? RM: No, you can build your own, the town is requiring no particular specs. But Zak Horton, CEO will be inspecting them. Public: What’s to keep someone from buying an older home, running to Home depot and replacing Oil tank as a normal replacement? RM: If people intentionally do things to violate our ordinances and no one hears about it, it’s like breaking the speed limit and not getting caught. A lot of our ordinances require a certain amount of good faith when it comes to compliance. This is a case-by-case scenario, and will be looked at closely by the CEO.
Item 4. – Definition of Abutter:
Current Ordinance: “Even though the word “abutter” is used, there is no clear definition. This has created inconsistencies during times when public notification is necessary.”
Proposed change: “Abutter: Any and all properties that are immediately bordering another property. In the case of “abutter notification” while serving public notice; the town, at its’ discretion, may notify non-abutters as deemed necessary.”
RM: Sound carries across water, if you’re across the pond, you are not an abutter, but it will affect you. Disturbances: light, noise, dust, fumes, etc, can affect others, even if they are not an immediate abutter. Roz Ebacher: How will it work? Who decides who will be notified? RM: For example if the PB notifies on a minimum of 1000’ and the Board or the town feels that someone 2000 feet away might be affected, we would then notify them as well. Others can still find out about such issues from the newspaper postings, public hearing notices, etc. Beth Damon: Ordinance Committee is still working on definitions. We have a more definitive definition used by AVCOG. Should we be finalizing this prior to our final work has been submitted for approval? RM: If necessary, we can change the
definition at a later date. Right now, the Board is recommending we continue as presented.
6. Adjournment of Public Hearing: Meeting Adjourned At 7:55 PM DP/MH – unanimous.
Respectfully submitted,
Tanya Taft, Recording Sec.
Approved by: ____________________________________
Rick Micklon, Chair
Otisfield Planning Board
Approved on: ________________________________
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