Town of Otisfield
Planning Board Meeting Minutes
October 19, 2010
1. Call to Order: The regular meeting was called to order at 7:00 PM.
2. Attendance: Members present were, Chair – Stan Brett, Vice Chair - Dan Peaco, Karen Turino, Herb Olsen & Alternate – Dave McVety (Absent - Recording Secretary - Beth Damon)
Code Enforcement Officer: Richard St. John
Planning Board Secretary: Tanya Taft
3. Quorum: Board had a quorum.
4. Secretary’s Report:
Regular Meeting Minutes from August 17, 2010 *Motion to accept minutes. DP/SB –Unanimous.
5. Discussion & Comments from public:
A. Ethel Turner: Would like guidance on what she needs to bring to next month’s meeting. See discussion listed below under CEO.
6. Residence - Based Business Applications:
A. Robert C. Benes, Jr. Map 6, Lot 7A, DBA, Top of the Hill Kennel. Brought before the board by the CEO: This is a dog & cat grooming and boarding business. The maximum amount of animals boarded will be 15. The only (2) employees are the owners. *Motion to accept the RBB application for Top of the Hill. HO/DP – Unanimous.
7. Shoreland Zoning Applications:
A. None.
8. Site Plan Applications:
A. None.
9. Subdivision Application:
A. None.
10. Miscellaneous:
A. None.
11. Upcoming Dates:
A. Planning Board Regular Meeting November 16, 2010 @ 7:00 PM.
12. Discussion & comments from Code Enforcement Officer:
A. CEO wrote to MMA regarding Ethel Turner converting her Fee Simple Ownership of a large lakefront lodge and several housekeeping cottages on (9) acres into condominium ownership without any new construction or lot division. CEO felt this was an ownership change and not a subdivision issue, and wanted some clarification. MMA response: (submitted into public record) “a mere change in the form of ownership alone does not constitute a change of use. There must be a change in the physical use of the property, either by virtue of the nature or duration of occupancy or by virtue of reconstruction or remodeling” Also noted that the Otisfield definition of a Residential dwelling unit is as follows: a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or
temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time-period rented. Recreational vehicles are not residential dwelling units.
CEO sited:
Shoreland Zoning Ordinance Page 6, Section Section 12(C)(4)
Change of Use of a Non-conforming Structure. The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use. In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent
uses.
Shoreland Zoning Ordinance Page 12, (D) (3)
Change of Use. An existing non-conforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 12(C) (4) above.
Ethel: Plans to downsize her business. Keeping two cottages, one for her personal use and one for the kids to keep and rent out. The “Honeymoon Cottage”. They would like to hold on to it if the cost is not prohibitable to them. A Home Owners Association will be developed as condo units. Shared as a (9) acre piece of land. each lot, a limited element. The limitation: Share use of tennis court, rec. hall, beach and also a dock that goes w/ each cottage. CEO: The buyer’s will own the structures; the association is going to retain the rights to the colors of the condos. They can come to PB and ask for expansions, each individual person to take the responsibility of doing that. Association will do all the things that Ethel has done over the years. Ethel wants to know what types of items she may need for next
meeting. CEO read through Shoreland zoning rules Page 12, c, 4, to help Ethel get a laundry list: “public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent uses” *PB members went through each item and agree this is not an issue. Discussion on ownership: PB requesting Ethel to bring a Shoreland Zoning Application and a draft from her Attorney of who owns the units or house or each of the properties PB wants clarification on who owns the units and will the buyer own shares or will they own the property.
B. Building code, title change, in the State adoption of the International Building Code (IBC). The new name will be Building Official, as opposed to Building Inspector. BOS will have to appoint CEO as a Building Official, due to the name change. CEO title remains as is, due to the enforcement of the Shoreland Zoning Ordinance. Dec. 1, 2010 is when the State wide building code (Maine Uniform Building & Energy Code-MUBEC) change applies to the entire State. If a town has fewer than 2,000 residents, you don’t have to enforce it, but 3rd party inspector will need to be hired by the owner and/or builder. If over 2,000 residents, towns without a code, have until July 1, 2012. Otisfield will be in effect as of Dec. 1, 2010, but it’s optional if BOS want CEO to enforce it. There will be
training in November, but CEO will have one year from December 1, 2010 to get certified. This will not affect the PB, because it applies to building construction.
13. Discussion & comments from Board:
A. None.
14. Pending Applications:
A. None.
15. Adjournment:
With no further business, the meeting was adjourned at 8:55 PM. HO/DP – Unanimous.
Respectfully submitted,
Tanya Taft, Secretary.
Approved by: Stan Brett, Chair
Otisfield Planning Board
Approved on: November 16, 2010
| 
