Town of Otisfield
Planning Board
Meeting Minutes
August 15, 2006
1. Call to Order: The regular meeting was called to order at 7:05 PM.
2. Attendance: Members present were Chairman, Rick Micklon, Vice Chair, Stan Brett, Dan Peaco, Mike McAllister, Shirley Hamilton, Alternate / Recording Secretary, & CEO, Zak Horton. (Absent- Maureen Howard) Shirley moved up as a voting member.
3. Quorum: Board had a quorum.
4. Secretary’s Report:
A. Planning Board Meeting Minutes from August 1, 2006. Motion to accept minutes as edited. (Shoreland Zoning item A: change outhouse to outhouses) MM/SB – Unanimous.
B. Planning Board Site Walk minutes from August 10, 2006 for Ahonen Subdivision, Map R5, Lot 28. Motion to accept minutes. DP/RM – Unanimous.
5. Discussion & Comments from public:
A. Hal Ferguson: “Underground Utilities” Contacted MMA, the town is protected. RM: Did BOS have any feedback? HF: The wanted to know if fire chief still wanted shutoff. RM: Chief Hooker is still passionate about having shut off, CMP, no response on this. HF: Can you put the option of a shut off on the permit? ZH: Advising applicants what to do is not recommended. HF: Suggests putting a note rather then a recommendation. RM: Agrees w/ Hal and suggests Fire Chief to add a note. DP: Ordinance may not need to be changed if we add the note. SH: Let the people decide, this way PB is not adding to financial burden RM: Let Fire Chief put a letter together and attach it to building permit for people to be informed. He can bring letter back to planning board and RM will bring it to
BOS. TT will contact Chief Hooker about this.
6. Shoreland Zoning Applications:
A. Jeremiah Mahoney, Represented by Jon Damon. Map U7, Lot 17. New home construction on Ohuivo Road. Discussion re: Beehive Lane, is it a Right of Way? Private Road? RM: verification is needed. David Pierson, Esq.: Mr. Lawton’s deed dated December 1999, page 166, last page of exhibit. Description: ROW provisions, also granting to the Mahoney’s the right to use it. Right to use existing camp roads; Ohuivo and Beehive. Next section, Mr. Watson reserves the right to and from the Mahoney property. Mr. Watson didn’t reserve this in writing. Building Ordinance has the requirement that there be a 50’ setback from the edge of a road for new construction. Sum up: nothing in Mahoney deed that gives public the right of way. RM: People may have acquired the right to
pass over the land. David Pierson: He agrees, but there is no public record of this. RM: If Mahoney’s decided to bump Beehive Lane closer to Ohuivo Road, there is nothing anyone can do. PB discussion: SB: You have options. Where the Mahoney’s travel, can that be made the passage way for the last (3) camps, RM: They would have to move Beehive closer to the quad. RM: Creating a different means of egress, will create more erosion issues. DP: Thinks it’s too fragile to put a house where it is proposed. Would like it 50’ away from Beehive. Definition states any public or private way, other then driveways, farm roads, trails or logging roads. DP: Believes it has to be 50’ from lane. MM: Not in favor of 50’ cause it may disturb more soil and they will have to cut trees. Beehive not currently looking at a ton of traffic going through, it’s only serving (3) abutters. RM: Beyond Mahoney property there are (2) houses. DP: Believes it falls
under road ordinance and it needs to be 50’ back. David Pierson: no set back issue if it’s a ROW. ZH: Doesn’t have to be considered a ROW, and if it’s a road it falls under this. MM: Agrees with DP, to follow ordinance. RM: Regarding our Road Ordinance, Beehive may be determined to be a road, by definition, but this ordinance is for the construction standards for road building. This application doesn’t fall under this. SH: Beehive is a road under the definition. ZH: If it only serviced (1) or (2) other houses it could be a driveway, but more then that it’s a road. DP: The area is very steep; the disturbed soil may cause problems. RM: How do you think Mahoney’s would feel about reworking access to their property, by changing the exact traveled path of Beehive Lane as it crosses their property? Shoreland Zoning ordinance has a definition for roads within the 250’. RM: If we gave applicant permission to build on a
non-conforming lot, they would still need to meet setbacks. PB: Other options are there; the house can be moved or sized differently. Jon Damon: The location of house was the most ideal spot that he could see. Fewer disturbances. Motion that the applicant needs to be 50’ from the edge of Beehive Lane. DP/MM – (4 agree 1 disagrees). RM: Discuss relocation of Beehive Lane, or change size of the proposed building and come back w/ a proposed change. Jon Damon: Would like to be back in two weeks.
B. Bruce & Jacqueline Rideout, represented by Jim Boyce, Map U17, Lot 6. Looking to add on to existing camp on Henniger Park Road, (Pleasant Lake) *Applicant not in attendance, PB moved on discussion.
7. Residence - Based Business Applications:
A. None.
8. Site Plan Applications:
A. None.
9. Subdivision Application:
A. Dave Fowler representing Hancock Land – R10, Lot 26. Preliminary review for (14) lot subdivision. * Applicant not in attendance, PB moved on discussion.
10. Miscellaneous:
A. Residence Based Business’s *PB would like to address question #3. - Found request dated 6/21/05. *Moved on discussion, Sept. 19th.
B. Storm Water Management issues added to the application next to Erosion Control with an example. (Ken Bartow’s suggestion) *Moved on discussion, Sept. 19th.
C. Model Notice of Decision. – TT gave PB member’s copies at a prior meeting. PB to review. *Moved on discussion, Sept. 19th.
D. Shoreland Zoning Permit Application *Moved on discussion, Sept. 19th.
E. Site Plan Determination Form *Fuel Storage needs to be addressed. *Moved on discussion, Sept. 19th.
F. Model Application Form. (Subdivision) *Moved on discussion, Sept. 19th.
11. Upcoming Dates:
A. Planning Board Meeting September 5th, 2006 at 7:00 PM.
B. Planning Board Meeting September 19th, 2006 at 7:00 PM. (workshop night)
12. Discussion & comments from Code Enforcement Officer:
A. Commercial Land: Statement of facts, stating that land went commercial and when. RM: Requested a letter from the BOS regarding their position, to be used for future applicants / applications. RM to review comprehensive plan w/ Marianne, they found evidence that there are (3) commercial sites: 1. Bolsters Mills 2. Route 117 3.The Outpost.
B. If you tear something down, on a nonconforming lot, you need to leave at least a wall or part of the structure there that grandfathers it. The home is grandfathered not the land.
C. Application denial: If a permit is denied within Shoreland Zoning by CEO, applicant must see PB, then the BOA if they wish to appeal. If it’s outside of Shoreland Zoning, CEO can deny and send applicant directly to BOA if they desire and bypass the PB. RM: Use your best judgment, if you want to go through the PB to deny an applicant, do so. If you feel strongly about your decision, do what you feel is best.
13. Discussion & comments from Board:
A. Election of officers: Chair, Vice Chair and Recording Secretary. *Moved on discussion, will do this during the Sept.19th meeting. (Workshop night). RM requested to have TT and ZH only add applicants to the agenda if necessary. This meeting will be used to clean-up items and topics carried forward from the past four months.
B. Change the workshop night from September 5th to September 19th.
C. Agendas: RM: Would like to add a posting date to future agendas.
D. Ordinances: Recreational vehicle on a lot: no more then 90 days. Currently not listed in ordinance. Public health may be a concern, if so ZH would address it.
14. Adjournment:
With no further business, the meeting was adjourned at 9:45 PM. SH/MM – Unanimous.
Respectfully submitted,
Tanya Taft, Secretary.
Approved by: ____________________________________
Rick Micklon, Chair
Otisfield Planning Board
Approved on: _______________________
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