Approved By the Planning Board , July 9, 2015
Chair
Jim Miner, 2013-2016
Town of Machiasport
Vice Chair
Shirley Erickson
2013-2016
Rick Bury 2012-2015
Jeff Huntley 2014- 2017
Bill Prescott, Jr .2014-2017
P.O. Box 267 - Machiasport, Maine
Planning Board Meeting
THURSDAY- June 11, 2015
7:00 Planning Board Meeting
Code Enforcement
Officer (CEO)
James Bradley
Secretary
Sandra K. Prescott
MINUTES
I.
Roll Call
Present: Jim Miner, Shirley Erickson, Bill Prescott, Jr. Rick Bury, Jeff Huntley (arrived at
7:50 p.m.), Jim Bradley, CEO, Terry Kinney and Hugh Taylor
Absent: None
Quorum: Yes
A. Planning Board correspondence
Jim Bradley, CEO informed the Planning Board that Board of Appeals Chair, Betsy
Fitzgerald, has notified members of the Board of Appeals that an Appeals Hearing has
been scheduled for July 6, 2015 at 6:00 p.m. for Wireless Partners, LLC of Portland.
Wireless Partners has appealed the Planning Board’s denial of their Building Permit, and
has requested a variance from the height limitation in section 15 L. of the Building Permit
Ordinance. Wireless Partners is requesting permission to construct a 190 foot
telecommunications tower on Town owned property at the GATR site.
Shirley Erickson provided a copy of the Draft Communication Facility Ordinance
recently prepared by the Ordinance Committee. The Committee is seeking comments
from the Planning Board.
MOTION made by Bill Prescott, Jr. seconded by Rick Bury to place this item on the
Planning Board’s agenda for the July meeting. Motion passed unanimously.
B. Report/comments from members
Bill Prescott, Jr. referenced a Bangor Daily News article provided in the Board packets.
He stated that a judge ruled that the Owls Head Planning Board erred in giving approval
to build a house near the same location as a dilapidated deckhouse from a boat that had
been placed on the shore and used decades ago. The deckhouse is located 45’ from the
shore and the State’s SLZ law limits construction within 75’.
II.
Adjustments to Agenda- None
III.
Public Comments
Sandra Prescott stepped down from the position of Secretary to share a copy of a Public
Notice from the U.S. Army Corps of Engineers (USACE) recently published in the local
papers. She stated the USACE is required to assess community interest in forming a
Restoration Advisory Board (RAB) at Formerly Used Defense Sites (FUDS). The Notice
requires a RAB be established when there is sufficient and sustained community interest.
She indicated there is a thirty day (30) window of time for the community to respond.
She noted that to form the RAB, at least fifty (50) citizens must petition the USACE to do
so or other criteria are met such as a request by governmental representatives.
IV.
Consideration of Building Permits
A. BP # 15-01 Robert Richardson, Jr., to place a mobile home on a lot on
Corn Hill-Tabled 5/14/15
The Applicant was not present.
Jim Bradley, CEO informed the Board that a copy of a new HHE-200 has been provided
by the Applicant.
Bill Prescott, Jr. asked Jim Bradley, CEO to clarify the Request for a Variance process
related to the HHE-200, and asked the CEO how the Planning Board can approve the
Building Permit if the Variance has not been signed by all parties including the
Applicant, CEO and Department of Human Services (DHS).
Jim Bradley, CEO said that the HHE-200 Variance is required because the proposed
new septic system would be located 40 feet from the owner’s well. He stated that as the
Local Plumbing Inspector (LPI), he could not sign off on the Variance as it does not meet
the criteria for approval at the LPI level. He agreed that the HHE-200 Variance must be
signed by all three (3) parties.
Bill Prescott, Jr. noted that when the homeowner signs the Variance it indicates that the
homeowner understands the issue of the close proximity of the septic system to the well
and assumes all responsibility.
Jim Bradley, CEO said the previous septic system was about 20 feet from the well.
Rick Bury asked if the homeowner needs to sign the Variance before it is sent to the
State.
Jim Bradley, CEO said yes they did. He suggested that the Planning Board could
approve the Building Permit contingent upon receiving the Variance signed by all three
(3) parties. He stated that Mr. Richardson could not install the septic system without these
signatures. He added that the process usually takes 1-2 weeks for the State to act upon a
Variance request.
Rick Bury stated that he should get the required signatures as soon as possible so as not
to hold up the Applicant.
Jim Miner said that if the State did not approve the HHE-200 Variance then Mr.
Richardson’s Building Permit must be denied.
MOTION made by Bill Prescott, Jr. seconded by Rick Bury to approve BP # 15-01
contingent upon the HHE-200 Variance being approved and signed by the
Applicant, DHS, and CEO. Motion passed unanimously.
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Note: The CEO will obtain all three (3) signatures for the HHE-200 Variance. He
will then return the signed document to the Planning Board for filing along with
BP # 15-01.
B. BP# 15-03 Chris Meroff- Addition/ Demolition- Tabled 5/14/15
BP# 15-03A Chris Meroff - After-The-Fact Building Permit
Terry Kinney was present to represent the Applicant.
Bill Prescott, Jr. stated that there were three (3) issues noted on the HHE-200 Variance,
and asked the CEO if he could sign off on the Variance or if it needed to be approved by
the DHS first.
Jim Bradley, CEO said that as the LPI he could sign off on this Variance as it met the
criteria for approval at the LPI level.
Bill Prescott, Jr. asked if the Applicant had completed a survey of the property as the lot
line numbers were different from the first site plan in BP# 15-03.
Terry Kinney agreed that after reviewing the survey and walking the property lines, the
size of the lot was larger than first thought thus the distances are different on the AfterThe-Fact Building Permit (BP# 15-03A).
Bill Prescott, Jr. noted that on the After-The-Fact Building Permit (BP# 15-03A) there
was an 18 x18 foot storage building added and this structure was not on the original
Building Permit Application (BP# 15-03). He said this was a big change as the building
was large enough to become a garage.
Terry Kinney agreed that this was an additional structure.
Jim Bradley, CEO said that this structure was not on the site plan and a new Building
Permit Application would be needed to add this structure.
Bill Prescott, Jr. noted that the Applicant could build an 8 x 10 storage shed without a
permit but a structure the size being proposed needs to be discussed as to where it will be
located on the property to ensure there is enough room on the lot as well as an
explanation on how it is constructed and if the purpose is solely intended for storage.
Shirley Erickson agreed that the 18 x18 storage building should not be part of the AfterThe-Fact Building Permit as that permit was solely to address the demolition that
occurred without permission.
MOTION made by Rick Bury seconded by Bill Prescott, Jr. to approve BP# 15-03.
Motion passed unanimously.
Note: The CEO will obtain the Applicant’s signature and he will sign the HHE-200
Variance. He will then return the signed document to the Planning Board for filing
along with BP #15-03.
MOTION made by Rick Bury seconded by Jim Miner to approve After-The-Fact
BP# 15-03A. Motion passed unanimously.
Note: Approval for the 18 x 18 storage building as stated in BP# 15-03A was not
approved as this Building Permit only approves the demolition of the house. If a
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storage building larger than 8 x 10 feet is to be built on the lot then it will be
necessary to submit a new Building Permit Application.
V.
Approval of Planning Board Minutes – May 14, 2015
MOTION made by Bill Prescott, Jr. seconded by Rick Bury to approve the May 14,
2015 Planning Board minutes. Motion passed unanimously.
VI.
CEO Report- Jim Bradley
Jim Bradley, CEO asked if the Planning Board wanted to review any changes and/or
additions (panels) to be placed on the existing U.S. Cellular tower or if the Board wanted
him to give his approval.
Jim Miner said the Planning Board should review any changes made to the tower
and these changes should be submitted in a Building Permit Application.
Jim Bradley, CEO said he would inform the company that they need to submit a
Building Permit Application along with the appropriate details and specifications.
Bill Prescott, Jr. said that the purpose of the Building Permit is for the Planning
Board and the Town to be aware of any changes made to the U.S. Cellular tower
and for the town to have the updated plan.
Jim Miner said any changes to the tower would need to be on file for tax assessment
purposes.
Jim Bradley, CEO, noted that he had been asked to check into whether or not a permit
was needed for the site work at the David Wood property. He stated that when soil is
disturbed in the SLZ as part of a construction project, that a permit is usually required. He
indicated that the fill brought in by Mr. Wood was 290 feet from the shore and did not
require a permit.
Shirley Erickson asked if only one CEO permit is required for earth moving activities
during a construction project. She noted that she was aware of a current project that has
involved a significant amount of fill not only at the start of the work but on-going
throughout the different phases of construction.
Jim Bradley, CEO responded that only one permit is required to cover all stages of a
construction project.
VII.
Old Business
A. Review of the Building Permit Ordinance for Possible Amendments
Shirley Erickson noted that the Planning Board has received copies of the Building
Permit Ordinance in their packets, and that members should take time to review the
Ordinance to consider whether any updates are warranted. She suggested that in view of
the recent Board discussions, members might want to consider adding language to make
it clearer that a Building Permit is necessary before any demolition can begin. She added
that the members may want to consider a minimum acreage for more than one single
family residence on a lot as it might help in addressing the issue of multiple dwellings on
one lot.
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Bill Prescott, Jr. noted that the Board may want to consider a fee schedule for Building
Permits as the $40 fee is the same for a small addition as it is for a large house. He noted
the town of Whiting has a fee schedule taking into consideration the size of the project.
Jim Bradley, CEO suggested that a fee schedule could be separate from the Ordinance
and the fees could be set by the Selectmen with input from the Planning Board.
Rick Bury said he would like more time to read through the Ordinance, and set a time to
consider any proposals that the members might offer. He suggested this item be placed on
the agenda for the August meeting.
Jim Miner encouraged the members to review the Ordinance and bring any suggestions
members may want to offer to the August meeting.
MOTION made by Rick Bury seconded by Jeff Huntley to place the Building
Permit Ordinance on the Planning Board’s agenda for the August meeting. Motion
passed unanimously.
VIII.
New Business
A. Review of Attendance Policy for Planning Board Members
Shirley Erickson referred the members to the section of the Planning Board Ordinance
dealing with attendance. She reminded the members of the importance of letting the
Chair or Secretary know if they cannot attend a meeting. She added that the Board had
experienced some attendance issues over the past several months.
Bill Prescott, Jr. stated that he felt the attendance policy was too lenient.
Discussion ensued about the possibility of asking the Board of Selectmen to appoint one
or two alternates to the Planning Board. It was decided that there were some unique
individual circumstances this past year which resulted in attendance issues not likely to
emerge going forward.
B. Orientation for New Planning Board Member
Shirley Erickson stated that with the impending appointment to the Board to fill Jim
Miner’s position that she thought a notebook should be put together with key resources
and documents for the new member. She asked other members to share their thoughts on
what would be helpful information to gather for the notebook. By consensus it was
decided to prepare an orientation notebook and spend extra time at meetings working
with the new member on an as needed basis.
Sandra Prescott said she would work on an orientation notebook.
C. Other Items
Rick Bury expressed concern that the Junkyard Ordinance was not being enforced and
asked what could be done to prevent the items and vehicles in view of the Port Road from
increasing.
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Jim Bradley, CEO said the Board of Selectmen are responsible for directing the CEO to
enforce this Ordinance and that the Selectmen have decided not to ask the CEO to do so.
He indicated that the new Board of Selectmen may have a different view. He noted there
are numerous properties in Town that are considered junkyards by the Ordinance since
the number of unlicensed vehicles on the premises exceed what is stated in the
Ordinance.
The Planning Board recognized Jim Miner as a retiring member of the Board and thanked
him for his nine (9) years of service as a dedicated, conscientious, member and Chair of
the Board.
IX.
Adjournment
MOTION made by Rick Bury seconded by Bill Prescott, Jr. to adjourn the meeting
at 9:15 p.m. Motion passed unanimously.
Minutes recorded for the Planning Board by: Sandra K. Prescott, Secretary
Approved by the Planning Board ________________________
Date
Attested by: ____________________________________________
Shirley M. Erickson, Vice Chair Planning Board
The next Planning Board meeting will be held on July 9, 2015
Attachment # 1 Building Permit Ordinance
Attachment # 2 Planning Board Ordinance
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