January 18, 2005

Present: Russ Hansen, Art Emanuelson, Tyler Lupien, Sam Chapman, Bobbi Swiderek, CEO Black, and Norma Hill

Chairman Chapman called the meeting to order at 6:32pm.

CEP Black made note that there is a petition that was circulated with enough signatures garnered for placement on the June Warrant. This states that the members of the Planning Board and BOA should be elected by the public and not selected by the Selectboard.

Mr. Hansen handed out copies of cases he found regarding undue hardship in Maine. He went to the MMA website. CEO Black passed out the ordinance that was created by the BOA and its current procedures.

Chairman Chapman made note of some inconsistencies in the Planning Board and the BOA and what they do. There is room for improvement. A standards book is being put together that addresses all issues.

MOTION: Art Emanuelson made a motion to accept the minutes of the previous meeting as corrected, seconded by Bobbi Swiderek and approved 4-0-1.

DISCUSSIONS:

The Board feels it is a right for a person in Maine to have a garage. They feel this because of cold winters and the wet springs that it is reasonable to have a garage under hardship review.

Page 14 of Land Use, Undue Hardship was looked at .

Regarding the Justification of Variance: Statutory Requirements for Undue Hardship questions on the application, question 1, the Board feels that having a garage is a reasonable use of land. Precedent can be used for or against a case. Start with presumption that a garage is needed in Maine and work from there. See page 50 of Chapter 5, Reasonable Return.

The people of the town voted for the ordinances not the BOA. The BOA is just following what the town wants.

Chairman Chapman asked Mr. Hansen where quasijudiciary fit into this Board. The Board doesn't make the laws it just interprets them.

The Board then looked at undue hardship in the appeals manual. Chapter 5, page 48. Some of this hardship wording could be included with the application and thus make it easier to answer question one. CEO Black is like the filter between the BOA and the applicant. Mr. Hansen suggested for CEO Black to give the applicant information to help them fill out the undue hardship questions.

If the new ordinance passes waivers, that the Planning Board has been hearing, will be heard by the BOA.

Ms. Swiderek asked how much the local contractors now about local ordinances. Not much according to CEO Black.

MOTION: Mr. Hansen motioned to have a copy of Chapter 5, Variance and Waivers, of the MMA Appeals Manual available to the applicant and for the applicant to sign they received and read it, seconded by Ms. Swiderek and approved 5-0.

Chairman Chapman asked how people would know what key words in the justification questions meant for the purpose of properly answering these questions. CEO Black uses examples of a good application to show people coming in for applications.

Chairman Chapman made an example of how he would like the justification of variance requirements to read. See the attached sheet that shows a reference under each question to the corresponding piece in Chapter 5. Question one would reference Chapter 5, page 50 (reasonable returns). Question two would reference Chapter 5, page 50 (unique circumstances). Question three would reference Chapter 5, page 51 (essential character). Question four would reference Chapter 5, page 51 (self-created hardship).

CEO Black asked if the Board wanted any of the questions answered for their own benefit. He is trying to get away from the BOA meetings where an "argumentative" type atmosphere evolves over terminology and interpretation between members.

Mr. Hansen created some different forms to be used for the Findings of Fact. He will work further on this and make it so that eventually it could be used as the minutes of the meeting. Some of the form components could be filled out by the applicant.

De Novo and scope of review was discussed. Petitioners had burden of proof to dispute planning board decisions. Burden of proof should be defined on the ZBA application.

Ms. Swiderek asked about an applicant that is denied coming back to be heard again. This can be done but would need all new information to show burden of proof.

There was then discussion on 200 foot road frontage, lot size, and zoning.

CEO Black states that the Board is here to help not hinder but that doesn't always come across to the public.

ADJOURN

MOTION: Art Emanuelson motioned for adjournment at 8:30pm, seconded by Bobbi Swiderek and approved 5-0.

Respectfully submitted,

Norma A. Hill

Recording Secretary