Town of Otisfield
Planning Board Meeting Minutes
May 15, 2012
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, Recording Secretary - Karen Turino, Herb Olsen, Beth Damon & Alternate - David McVety. (Absent -Alternate - Rick Jackson)
Richard St. John – Code Enforcement Officer
Tanya Taft – Secretary
Hal Ferguson – Selectman
Rick Micklon - Selectman
3. Announcement of Quorum: Board had a quorum
4. Approve Secretary’s Report:
A. Regular Meeting Minutes from April 3, 2012 *Motion to accept minutes. DP/KT – Unanimous.
5. Discussion & Comments from public:
A. None.
6. Residence - Based Business Applications:
A.
7. Shoreland Zoning Applications:
A. None.
8. Site Plan Applications:
A. None.
9. Subdivision Application:
A. None.
10. Miscellaneous:
A. PB Minutes: Rick Micklon, Hal Ferguson: The BOS has been approached regarding the details recorded in the Planning Board Minutes.
All three Selectmen have stated that it’s up to the Boards and Committees as to what they want or do not want in their minutes. If you want them more detailed or you don’t, that’s up to you. Either way you have the BOS support. If members feel it’s important, members need to ensure that it becomes part of the record, before the minutes are approved. The BOS only insists that TT always records the topic of discussion, the motions, the seconds and the final vote. Any abstentions should also be noted. HF stated that the BOS has seen no fault with the minutes to date, but welcomes more details in them if the PB feels the need.
SB asked PB members what they would like: Karen: I think they capture the essence of discussion and I think they work. Stan: I think that sometimes they could use a little more detail, but motions, seconds, and votes are captured. David: Maybe more detail can be added, but I don’t think people should use minutes as a guide to what went on at a mtg. I don’t want word for word minutes. Note: It was noted that Herb will often say that he wants TT to make sure that certain items are recorded in the minutes prior to approval. BD: When we go line through line review it needs to go in the minutes. RM: If you do that word for word, TT will end up with the entire ordinance captured in the minutes. Maybe a better idea is to have the topic of the line vs the entire line? If the PB reviews the minutes and finds that
something is missing that was crucial to the discussion, then it’s up to the PB members to say we want this in there or at following meeting, accept minutes w/ edits. It just can’t be pointed back to the secretary once the Board votes them as approved. CEO: Here is what I like to see: a topic, with no more than 4 lines about items the discussion centered around, and then motions, votes, abstentions, etc. just as TT does it.
B. Web Site Update: DP: Cemetery should be updated on the web site. It should be the same as what is on the home page under policies – TT will update.
11. Upcoming Dates:
A. Planning Board Meeting June 19, 2012 at 7:00 PM.
12. Discussion & comments from Code Enforcement Officer:
A. US Cellular: Map R2, Lot 8A - KJK Wireless / US Cellular. Because of the recent denial of the Administrative Appeal – The “Friends of Scribner Hill” have hired an Attorney – David Lourie out of Cape Elizabeth and Portland to represent them and are taking the Town to Superior Court. BOS may be speaking w/ the Town Attorney tomorrow night in Executive Session.
B. The Shoreland Zoning law requires that municipalities protect shoreland areas through adopting shoreland zoning maps and ordinances. The Mandatory Shoreland Zoning Act, 38 M.R.S.A., Section 435-449, requires all municipalities to adopt, administer, and enforce ordinances which regulate land use activities within 250 feet of great ponds, rivers, freshwater and coastal wetlands, and tidal waters; and within 75 feet of streams as defined. They have not completed the mapping changes that had been requested, it is not coming into play for us to change our town maps or our ordinance, the State is working on straightening up language. Maybe another year before we can change our zones around our habitat. Everything has slowed down drastically.
C. Timber Harvesting: The Legislature decided that rather than having a patchwork of towns that had the
new shoreland zoning standards in place, the new standards will take effect for all towns that currently adopted the timber harvest section at the same time. The date that the new standards will take effect will be January 1, 2013. It will then be automatically covered by the State Forester. This will only be applicable for Timber Harvests.
D. CEO: An application for a concession stand was handed out by CEO to an applicant to set up on his property. The sign would be less then 4sq. ft, and only lighting would be Christmas tree lights. Would the board please, consider; if he wants to take this on the road and go to town beach? Or to softball games? Or winter carnival? DP: Where they set up is up to the town? BD: Does the state get involved where there is food? CEO: Yes.
13. Discussion & comments from Board:
A. Misc. items that need to be discussed for Town Warrant: TT made a list of items that were discussed over the last year that may or may not need to be work-shopped:
1) Abutter: Definition clearly states 1,000 feet. Discussion: Abutter needs to be addressed, the definition clearly states 1,000 feet, but in Appeals Ordinance it says 500 feet. PB members agree that from this point on, no matter what is being discussed, the notification will be 1,000 feet to err on the side of caution. When BOA ordinances get updated, the fees should be taken out along w/ the word abutter. CEO asking PB to consider where the abutter line actually begins. DP thinks that while litigation is going on we should not change this verbiage until next year and wait until after the Cell tower gets finished. All members agree.
2) Residence Based Business Ordinance: Do we need an ordinance behind the application? BD does not think we need one. DP: I think what we have now is fine.
3) Otisfield Wireless Telecommunications Facility Siting Ordinance: It was discussed at a prior meeting that an application should be developed. PB members agree that this should be looked at after the town goes through the litigation process.
4) Otisfield Wireless Telecommunications Facility Siting Ordinance: TT will resubmit Telecommunications wireless checklist and Application for Board members to workshop at an upcoming meeting.
B. Workshops: Karen and Rick Jackson went to a workshop May 3rd – last week’s workshop (May 10th ) was postponed until the 17th and the 17th will be postponed until the 24th. PB asking CEO if they know anyone who can come in and help w/ FOF and other parliament items. MMA has someone, they have a 2 or 3 hour show to get everyone on board. So they are not spinning their wheels for the same issues. DP at some point in the future we would like to have someone come in and put on a presentation to help us be more prepared. TT will ask BOS if they can have someone come in and help us be more prepared for upcoming applications. ie; f.o.f. TT will also ask BOS if Bernstein Shur offers an inexpensive
class?
14. Pending Applications:
A. None.
15. Adjournment:
With no further business, the meeting was adjourned at 9:15 PM. HO/DP – Unanimous.
Respectfully submitted,
Tanya Taft
Secretary
Approved by: Stan Brett, Chair
Otisfield Planning Board
Approved on: June 19, 2012
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