Town of Otisfield
Planning Board
Meeting Minutes
December 19, 2006
1. Call to Order: The regular meeting was called to order at 7:00 PM.
Attendance: Members present were Chairman, Rick Micklon, Dan Peaco, Maureen Howard, Mike McAllister, Shirley Hamilton, Alternate / Recording Secretary. (Absent -Vice Chair, Stan Brett) Shirley moved up as a voting member.
Planning Board Secretary: Tanya Taft and Code Enforcement Officer: Richard St. John
3. Quorum: Board had a quorum.
4. Secretary’s Report:
A. Meeting Minutes from December 5, 2006. Motion to accept minutes. DP/MH – Unanimous.
5. Discussion & Comments from public:
A. Jim Bishop – Would like to know who to contact for the Road Association on Ohuivo Road. Kathleen Shaller: Peter Thompson is the president. Jim stated that Thompson Lake Environmental Association and the Youth Conservation Core would like to review the erosion issues on Ohuivo Road and Beehive Lane.
B. Bruce Hayden, 106 Lake Road in Otisfield questions the sequence of repairing a building. Wants to know if the town is saying he has to fix things in two pieces, with twice the expense, or is he allowed to do it in one piece w/ one expense. RM: The town has a building code. It’s the CABO code. The CEO oversees the building code and the PB oversees ordinances. Mr. Hayden stated the town is legislating what the taxpayers can & can’t do on their property. After RM told Mr. Hayden to lower his voice and to not holler at the PB, RM stated that the town does not legislate anything; it oversees ordinances and codes, as required by the State of Maine. CEO offered to meet Mr. Hayden and discuss his understanding of
the codes and ordinances, but Mr. Hayden did not respond.
6. Residence - Based Business Applications:
A. None.
7. Shoreland Zoning Applications:
A. Ron Lawton, Map U7, Lot 19E. Application for replacement/renovation of structure. (Thompson Lake) Dana Hanley, Esq, Hanley & Assoc. in attendance. RM: Our next goal for the PB is to form findings of fact and conclusions of law. Dana: Recaps Scott Williams’ and Ross Cudlitz’s position that while the Lawton’s did tear down structure and rebuild w/o a permit, it is clear that they believe in maintaining the environment. Scott’s report states that if they do the recommended items, it will be better then it was prior to being torn down. Regarding its location: To the greatest practical extent, the structure is where it should be. RM: PB is curious as to why you would build w/o a permit. Dana: The answer to that is that the individuals have been there for
40 years, seen a lot of renovations, and never thought about it. It’s a different generation. Site Plan submitted. Mike Morse from Maine DEP, and Ross Cudlitz, may have spoken, but Dana’s not sure at this point. Dana will call Ross and ask him to contact Mike Morse. PB would like to know DEP’s position on this and add it to the findings of fact. Conflicting size with the structure: Town tax map showed a 9 x 15 foot structure, applicant has 17 x 18 ½ foot structure. This will be addressed. No permit in hand currently. Applicant and or representatives will be added to the February 6th Agenda.
B. Charles A. Grasso, Map U7, Lot 19B. Application to rebuild a bunkhouse on Thompson Lake. Submittal from Ross Cudlitz. Attorney Michael Hill: New bunkhouse is in the same location as old bunkhouse, but the peak is positioned differently to prevent runoff into the lake. Non-conforming structure, if damaged by 50% or less, it can be reconstructed. RM: recaps ordinance. Structure was removed voluntarily, (all agree) MM: if they had come to get the permit, it would have been grandfathered and allowed. Mr. Hill believes that the Shoreland Zoning ordinance from the state agrees w/ his interpretation. PB curious about paragraph structure. RM will contact Maine DEP. Due diligence is required and the Board will review all that it can for the findings of facts. Ross Cudlitz has been to site and
concludes that the best practical location is where it is. Second location causes concern because of power lines. Removing or relocating power lines will cause more disturbances. Letter from Mr. Grasso to Mark Cyr submitted into public record. Prior roof was a hip roof and now it’s a peak roof to help w/ storm water runoff. PB needs to read and consider Ross Cudlitz report. Applicant and or representatives will be added to the January 16th Agenda.
C. Kenneth & Kathleen Bailey, Map U6 Lot 5A, (Thompson Lake) - 30% Expansion. Applicant not in attendance. Otisfield Shoreland Zoning Application submitted. PB would like Richard St. John to visit site. Richard can decide if an on Site Soil evaluation will be needed. Richard will contact Mr. & Mrs. Bailey, ask them their time line and inform them a Public site walk is needed. If they would like to do this, tentatively schedule a site walk. PB agrees that applicant must be present. Structure size is conflicting. Richard will review.
8. Site Plan Applications:
A. None.
9. Subdivision Application:
A. None.
10. Miscellaneous:
A. Storm Water Management issues added to the application next to Erosion Control with an example. (Ken Bartow’s suggestion) *Moved on discussion.
B. PB to review the issue of basements being included in the 30% expansion rule. *Moved on discussion.
C. Registry of deeds: where do they get the updated notifications from (town or applicant) Shoreland zoning page 4, letter C, (1) (a), certificate of expansion, PB needs to update the procedure of registering of deeds. *Moved on discussion.
11. Upcoming Dates:
A. Planning Board Meeting January 2, 2007 at 7:00 PM – Cancelled.
B. Planning Board Meeting, January 16, 2007 at 7:00 PM.
12. Discussion & comments from Code Enforcement Officer:
A. Richard St. John: A transition is needed. Office Hours will be set at a minimal amount of time, so that inspections, appointments, etc. can be made. Monday, Thursday and Fridays: 9 –12, Tuesdays: 3 – 6.
13. Discussion & comments from Board:
A. Ordinance Committee submittal on definitions. * Moved on discussion.
14. Adjournment:
With no further business, the meeting was adjourned at 9:45 PM. MH/DP – Unanimous.
Respectfully submitted,
Tanya Taft, Secretary.
Approved by,
Rick Micklon, Chair
Otisfield Planning Board
Approved on: 1/16/2007
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