Town of Otisfield
Planning Board Meeting Minutes
February 24, 2015
1. Call to Order: The regular meeting was called to order at 7:03 PM by Chair - Karen Turino.
2. Attendance: Members present were Chair – Karen Turino, Vice Chair - Beth Damon, Herb Olsen, David McVety, Rick Jackson & Stan Brett – Alternate (Absent: David Hyer – Alternate).
Code Enforcement Officer: Richard St. John
Planning Board Secretary: Tanya Taft
3. Announcement of Quorum: Board had a quorum.
4. Approve Secretary’s Report:
A. Regular Meeting Minutes January 20, 2015 *Motion to accept minutes. HO/BD – Unanimous.
5. Discussion & Comments from public:
A. None.
6. Residence - Based Business Applications:
A. James Tobin, DBA Tobin Framing Co. (Residential Carpentry) Tax Map R07; Lot 049D. Application submitted. Applicant not in attendance. Mr. Tobin will not have any customers at this residence as he does carpentry work off of the property. Sign will be put up in front of the property and is only needed to help distinguish his business if UPS is dropping off deliveries. Discussion: All agree this does not qualify for Site Plan Review. *Motion to accept the application as presented. RJ/HO – Unanimous.
7. Shoreland Zoning Applications:
A. None.
8. Site Plan Applications:
A. Community of the Resurrection: Jason Potter sent a letter in January requesting the application be tabled until February. *The applicant is not in attendance and has made no contact to be on tonight’s agenda.
9. Upcoming Dates:
A. Planning Board Meeting, March 17, 2015 at 7:00 PM.
10. Discussion & comments from Code Enforcement Officer:
A. Andy Culver; Map U21 Lot 008: (Pleasant Lake) CEO has reviewed plans. The applicant split the difference that the PB allowed of 22 feet and 24 feet and went with 23 feet.
B. Olive Burkitt: CEO has not heard anything. The building was 11 feet from the water. There is a time frame involved that could expire. CEO will follow up.
C. Cell Tower Ordinance revision discussion: KT, not sure where it’s at. HO: It went to AVCOG and should be going in front of the Town’s lawyer.
11. Discussion & comments from Board:
A. PB manuals: Discussion: Karen requested to have all old material returned and destroyed at last meeting. New copies have been distributed to Stan Brett, David McVety and Rick Jackson at tonight’s meeting. All PB members have updated information as of tonight. TT will get RJ a blue binder of Town Ordinances for the next meeting.
B. Ordinance Change: Suggesting a change to the Building Ordinance that will allow the Planning Board, at its sole discretion, to lower the structural setback from the road, within Shoreland Zoning only, to be 25 feet rather than 50 feet when the Board’s priority is to move the building back away from the water.
Discussion: CEO contacted MMA legal service department per the request of the PB last meeting. An email response has been submitted into public record. It cannot be done as a waiver. KT: “The courts reasoning in each of these cases was that the authority to grant zoning variances, no matter what they are called, rests exclusively with boards of appeals”. KT is asking how all PB members would like to move forward with this. SB: Suggests PB go with attorney’s suggestion.
MMA suggests Otisfield Building Ordinance be amended as follows: Section IV(D) amended to read: All structures built after June 21,2008 shall have a front set back a distance of 50 feet from the property pins. If the surveyed property line is not known, the set back shall be 75 feet from the center of the travelled way as determined by the CEO. Provided, however, that in a shoreland zone, where a structure that is nonconforming with a water setback is to be relocated, reconstructed or replaced, the minimum front setback shall be 25 feet from the property pins unless the surveyed property line is unknown, in which case the front setback shall be 50 feet from the center of the travelled way as determined by the Code Enforcement Officer.
*Motion that we make a suggestion to the BOS to change the building ordinance wording to that which is underlined above and provided in the MMA email. BD/HO – Unanimous. TT will draft a memo to the BOS with this unanimous recommendation.
12. Adjournment: With no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Tanya Taft, Secretary
Approved by: Karen Turino, Chair
Otisfield Planning Board
Approved on: April 21, 2015
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