Approved Be Approved by the Planning Board on April 14, 2016

Town of Machiasport

P.O. Box 267 - Machiasport, Maine

Planning Board Meeting

THURSDAY- March 10, 2016

7:00 Planning Board Meeting

AGENDA

I.  Roll Call

Present: Bill Prescott, Jr., Shirley Erickson, Jeff Huntley, Michael Hinerman, Jim Bradley, CEO, Rick Heller, Clifford Norton, Jr., Mike Wight, Karyassa Norton, Caleb Norton, Barry Wood, Jr., Bob Mercer and Kathy Mercer.

Absent: Rick Bury

Quorum: Yes

A.  Planning Board Correspondence

Bill Prescott, Jr. noted that the Draft Ordinance Committee Meeting Minutes of February 11, 2016 were included with the materials (see Attachment # 1). No comments were made by the Board members.

Bill Prescott, Jr. noted that Bob Mercer, Chair of the Ordinance Committee, has provided the Secretary with copies of the Draft Wind Energy Facility & Shellfish Ordinances for the Planning Board to review. He noted a few items from the Draft Wind Energy Facility Ordinance, including: the application for a permit is to be submitted to the CEO and approved by the CEO and the Planning Board; the CEO is responsible for enforcement and resolving complaints concerning the Ordinance; and if the facility is greater than eighty (80’) feet in height then a public hearing is required.

II.  Adjustments to Agenda-None

III.  Approval of Planning Board Minutes-February 11, 2016

Michael Hinerman requested that the minutes be revised on page three (3) to say that the CEO will also sign BP# 16-02 since the construction is in the SLZ. He also requested that a copy of Bill Prescott’s statement that he read at the February Planning Board meeting be included with the minutes prior to their approval.

Shirley Erickson indicated that Bill Prescott’s statement was referenced as Attachment #3 to the February meeting minutes but was not included with the meeting materials.

Michael Hinerman said that including Bill Prescott’s statement as an Attachment to the February meeting minutes versus inserting his statement within the minutes was acceptable to him.

Motion made by Shirley Erickson seconded by Michael Hinerman to table approval of the February 11, 2016 Planning Board minutes until the April meeting. Motion passed unanimously.

IV.  Consideration of Building Permits

A.  BP# 16-01 – Dan Callahan, After-The-Fact (SLZ) bunkhouse & deck-Tabled

Bill Prescott, Jr. noted that Jim Bradley, CEO had asked the Planning Board to table BP# 16-01 until tonight’s meeting to provide him with time to clarify when a bunkhouse is considered a dwelling.

Jim Bradley, CEO said that once a bunkhouse has a kitchen it becomes a principal structure and it is his opinion that Mr. Callahan’s bunkhouse is still an accessory structure. He noted that Mr. Callahan will be installing a new septic tank and that he has no objection to approving the Building Permit at this time.

MOTION made by Michael Hinerman seconded by Jeff Huntley to approve After-The-Fact BP# 16-01. Motion passed unanimously.

It was noted that since BP# 16-01 is for a building/structure located in the SLZ, that the CEO will also sign the After-The-Fact Building Permit.

B.  BP# 16-03- George Ingrish, single family residence

Mike Wight was present to represent the Applicant.

Bill Prescott, Jr. noted that the Application is for a new single family residence, and stated that he had reviewed the Application and did not have any questions. He noted that it was pleasing to see the Ingrish family, who had just a short time ago lost their home to a fire, move so quickly with building a new home.

MOTION made by Jeff Huntley seconded by Michael Hinerman to approve BP# 16-03. Motion passed unanimously.

C.  BP# 16-04- Clifford Norton, Jr., tear down and replace storage shed

The Applicant Clifford Norton, Jr. was present.

Bill Prescott, Jr. noted that the Applicant is proposing to tear down his old shed and rebuild it, and stated that he did not see any issues with the Application.

MOTION made by Shirley Erickson seconded by Michael Hinerman to approve BP# 16-04. Motion passed unanimously.

D.  BP# 16-05- Barry & Tara Wood, (SLZ) remove current structure and build a single family residence

The Applicant Barry Wood, Jr. was present.

Bill Prescott, Jr. noted that the Applicant is proposing to build a new single family residence in the SLZ. He asked Jim Bradley, CEO if he had conducted a site visit and if Mr. Wood’s proposed plans met the SLZ setbacks, shore frontage, and other requirements. In addition, he inquired about Mr. Wood’s plans to use the existing septic system for the new residence.

Jim Bradley, CEO said he had visited the site on more than one occasion and Mr. Wood’s plans meet the setbacks and other requirements. He said that Dean Bradshaw, a Site Evaluator, has been out of town but has been consulted by phone. He noted that Mr. Wood does not have a copy of the HHE-200 for the existing septic system to include with his Building Permit Application, but that he has been trying to locate it. He stated that Mr. Wood has been to the Town Office, and there was no copy of the HHE-200 on file there. He suggested that the Planning Board could approve the Application conditional upon receipt of an HHE-200. He noted that if Mr. Wood can’t locate a copy of the existing HHE-200, then he is willing to install a new system, if necessary.

Shirley Erickson asked Mr. Wood if he had contacted the State and requested their records be searched for a copy of the septic plan.

Barry Wood, Jr. noted that he had called the State, but he had not yet filed an application to request a copy of the HHE-200.

Shirley Erickson indicated that the State will not respond without having a written records request for the HHE-200 form. She noted that the existing house appears to have been built in 1979, so the septic plan may be on file with the State. She added that Mr. Wood’s Application was proposing a three (3) bedroom home and that she believed the existing home was only two (2) bedrooms.

Jim Bradley, CEO noted that the paperwork must comply with the number of bedrooms and if the existing septic system only accommodates two (2) bedrooms then the system will need to be modified.

Barry Wood, Jr. said that he thought the septic system was upgraded in the 1990’s.

Shirley Erickson inquired about the Municipal Release Deed included with the Application. She stated that it was her understanding that the purpose of this deed is to release the Town’s interest in the property due to an expired tax lien versus convey the property. She stated that she believed that due to the bankruptcy status of the previous owner, there was a Trustee’s Deed which conveyed the property. She noted that she was aware that Mr. and Mrs. Wood owned the property, but thought the appropriate deed showing ownership had not been included with the Application. She also asked if part of the property had been sold to the owners of the nearby subdivision.

Barry Wood, Jr. said he wasn’t sure if he had received a copy of the Trustee’s Deed but did acknowledge the former owner was involved in bankruptcy. He indicated that he did not know if part of the property was previously sold, but stated that he does own thirty (30) plus acres.

Michael Hinerman informed Mr. Wood that he could obtain a copy of the deed at the Registry of Deeds in Machias.

MOTION made by Michael Hinerman seconded by Shirley Erickson to approve BP# 16-05 contingent upon receipt of an HHE-200 form for the property satisfactory to the CEO. Motion passed unanimously.

It was noted that since BP# 16-05 is for a building/structure located in the SLZ, that the CEO will also sign the Building Permit.

Bill Prescott, Jr. noted that Richard Lauze submitted a late Building Permit Application where he was proposing to place a post and beam structure in back of his house on a non-conforming lot. He asked Jim Bradley, CEO if this proposed structure would be located over the septic system and if that was permissible.

Michael Hinerman expressed concern with the size of Mr. Lauze’s lot.

Shirley Erickson suggested that Jim Bradley, CEO do a site visit and report back to the Planning Board in April.

Bill Prescott, Jr. noted that the Applicant was not present and his Application was no longer in the Planning Board’s mailbox.

Discussion ensued about there being no need for further discussion on Mr. Lauze’s proposed project until he resubmits his Application. Jim Bradley, CEO agreed to contact Mr. Lauze to learn more about his plans.

V.  CEO Report- Jim Bradley – None

VI.  Old Business

A.  Continue the review of proposed amendments to the Building Permit Ordinance

Bill Prescott, Jr. proposed setting aside thirty (30) minutes like the Board did last month to continue the review of the proposed changes to the Building Permit Ordinance. He asked Shirley Erickson to lead this discussion. He noted that last month the Board ended their review on page seven (7).

Shirley Erickson led the Planning Board through the review of the remaining proposed changes to the Ordinance to be presented to the Board of Selectmen.

Michael Hinerman suggested that the Planning Board meet with the Ordinance Committee prior to the April Planning Board meeting to present the proposed changes to the Building Permit Ordinance and get the Committee’s input.

By consensus, the Board agreed to a joint meeting with the Ordinance Committee in April and asked the Secretary to prepare another draft of the Building Permit Ordinance for this meeting.

VII.  New Business- None

VIII.  Public Comments

Bob Mercer noted that Selectmen Jeff Davis and Brian Smith were hoping to attend the Planning Board meeting but Mr. Smith had another commitment. He also offered the following comments:

(1)  He agreed that garage apartments are popular and he would not like to see this disallowed in the Building Permit Ordinance;

(2)  He noted that the Ordinance Committee is wrapping up their proposed changes to several ordinances including Wind Farms, Communication Facilities and Shellfish. He stated the tentative plan is to hold a Public Hearing sometime in May. He expressed hope that the Planning Board would be able to include the Building Permit Ordinance as part of this Public Hearing. He indicated that the draft Ordinances could then be considered at the Annual Town meeting to be held in June; and

(3)  He asked the Planning Board what their priority ordinance (s) would be for review by the Committee once their current work is completed. He noted that the Board of Selectmen were not seeking to update the Shoreland Zoning Ordinance at this time.

Jeff Huntley noted that the odor of bait on the beach should be addressed. He also asked if the Junkyard Ordinance might also need to be reviewed.

Bill Prescott, Jr. stated that it is the Board of Selectmen who enforce the Junkyard Ordinance, not the Planning Board. He noted the lack of enforcement of this Ordinance.

Jim Bradley, CEO agreed with Bill Prescott, and reported that the number of junkyards in Town is now at twenty-four (24) and increasing. He added that it probably would not make any difference to make changes to the Ordinance.

IX.  Reports/Comments from members

Bill Prescott, Jr. informed the Planning Board that he had received a call informing him that a party may be interested in purchasing Ram Island and he was asked what parts of this island were in the Resource Protection area and Bird Habitat. He said he referred them to Jim Bradley, CEO and the Department of Inland Fisheries and Wildlife as he couldn’t tell by the SLZ Map and he didn’t know what the prospective buyer was proposing to do.

Bill Prescott, Jr. reported that he was also contacted by CES about a party who was interested in developing some property in the SLZ near the Rim Road bridge. He stated that he could not tell by the SLZ Map what setbacks were required, so he referred the person to Jim Bradley, CEO and suggested they could request that he conduct a site visit.

Jeff Huntley asked what the response was from the Board of Selectmen to Bill Prescott’s statement of last month regarding the Selectmen’s request that he step down as Chair of the Board.

Bill Prescott, Jr. said he did not attend the February Board of Selectmen’s meeting as the Selectmen had already made a decision. He stated that he did send a letter to the Selectmen along with a copy of the statement he read into the record at the February Planning Board meeting.

Jeff Huntley said he wanted to go to the next Selectmen’s meeting to find out what issues they may have with the Planning Board and the Board Chair.

Michael Hinerman said he would also like to know as he wanted the Board to be productive and get things done and that he didn’t want “a dust up” with the Selectmen to hamper the work of the Board.

Bill Prescott, Jr. said he was not sure what Mike Hinerman meant by “a dust up.” He indicated that he did not know what would happen next, but felt he was not hampering the work of the Planning Board.

Shirley Erickson noted that LD 1447, a bill which would provide bond funding to renovate and expand the state prison in Windham, was being considered by the Legislature. She reported LD 1447 may be amended to include up to a seventy (70) bed correctional facility in Washington County if the Downeast Correctional Facility (DCF) is closed as a result of passage of LD 1447. She stated that she hoped the Planning Board will stay informed on this important issue as it means lots of jobs and economic stimulus for our area. She noted that the Planning Board may become involved at some point in the future if DCF closes and the prison facilities plus the base housing area are available for some other use. In addition, she noted that the proposed resolution to the water contamination problem for several homes in the Jasper Beach area is to be connected to the water supply at DCF. She wondered what the impact might be on these property owners if DCF closes.