Planning Board Minutes
Planning Board
February 19, 2019
Final
Approved March 19, 2019
Members Present: Bruce Healey, Chair; Howard Maurer, Bill Weiler, Richard Wright, Members; Ken McWilliams, Advisor.
Mr. Healey called the meeting to order at 7:20 p.m.
Conceptual – Steven and Philomena Landrigan – 1094 Route 103– Tax Map # 019-403-079- Discussion of subdivision of dock from property:
Mr. Landrigan approached the Board. Mr. Healey read the informative notice explaining what a conceptual hearing is and how it works.
Mr. Landrigan explained that he owns a parcel of land with a house on it and he has use of land across the street with a dock on it. Mr. Landrigan says the land across the street is owned by the boat club and he has access to the land. Mr. Landrigan showed a map of the property. The deed says that Mr. Landrigan can use the dock and he would like to do what the other docks next to him are allowed to do and have six people use this dock. Mr. McWilliams asked if Mr. Landrigan wants to separate the dock from his parcel of land across the street and sell it to someone else. Mr. Landrigan said that it is already separated and he wants to sell it to other people. Mr. McWilliams asked if he was familiar with the town’s shoreland district regulations. Mr. Landrigan replied ‘somewhat familiar with them’. Mr. McWilliams said that Mr. Landrigan should make himself familiar with Zoning Ordinance 7.9 - Shoreland Rights. Mr. McWilliams said that 7.9.1 basically says that lots within the shoreland overlay district shall not be used as common areas for waterfront access or for the purpose of granting deeded rights of access to residents of multiple units or non-waterfront properties and that is what Mr. Landrigan is proposing to do there. Mr. Weiler asked for the background of this background information on the other six docks that are near Mr. Landrigan’s dock. Mr. McWilliams’ understanding is that these other docks are under another name and then this last dock owned by the same property has a deeded right to this dock. Mr. McWilliams says that he cannot separate this dock from his property. Mr. Weiler said he cannot sell an easement right to someone else. Mr. McWilliams said that what Mr. Landrigan wants to do is in violation of the town’s zoning ordinance. Mr. Landrigan said his deed says he has the right to assign. Mr. Wright said that he is not looking to assign them, but rather to sell. Mr. Wright said he is assigning them now with his leases. Mr. Wright said ‘assign’ does not mean ‘sell’. Mr. Healey said the dock is a deeded area which will go with the parcel across the street when it is sold. Mr. Weiler suggested Mr. Landrigan hire a lawyer. Mr. Landrigan said that 7.9.3 says he has a right to give pedestrian access. Mr. McWilliams said that it is to give one pedestrian or one family access, which is already given to the lot across the road. He said that would be going beyond access to the one family. Mr. McWilliams said he cannot do it and if he didn’t get a clear answer from him, then he is wrong. Mr. Landrigan says that they have differing interpretations. Mr. Wright said it is up to interpretation and the Planning Board interprets it as he cannot do this. The Planning Board suggested he hire a lawyer.
Administrative Business
Minutes:
The Board reviewed the minutes of January 15, 2019. Corrections were made.
Mr. Wright made a motion to accept the minutes as corrected. Mr. Maurer seconded the motion. All were in favor.
Other Business:
Personal Wireless Service Facility Ordinance Update – Mr. McWilliams gave an update on the subcommittee progress. He said there was a good initial meeting on January 12 and has more work to do on a second draft. They will try to get together in the middle of March and hopefully after that they can bring a draft to the Planning Board. He reported that it is moving along quite well.
Land Subdivision Control Regulations - Mr. Healey explained that the MS WORD document was lost for the subdivision regulations. After a lot of working they have regained control of subdivision regulations. Over time there has been some administrative things that we have lived with that he would like to propose that he gets all these administrative changes done and fixed. He would like the board to look at these changes and then they would hold a public hearing to adopt these changes. They are generally administrative. The first is that he would like to propose to drop all roman numerals. He would also like to adopt the term selectboard. Mr. Weiler does not think the master plan should be the governing source. It was suggested to table this discussion to a future meeting. Mr. Healey said he would also like to change the terms of land use coordinator and highway administrator. Mr. Healey said there are some table fixes. He also wanted to add something about making it clearer about review and what full-size meant. He also wanted to fix how copies are distributed when they have approvals. Mr. Maurer had a question on page 4.2 on the definition of the stream about differing definitions. Mr. Weiler said there are main streams for the shoreland overlay district and that is different. Mr. Maurer said it is open to interpretation. He said the definition of stream is very broad. Mr. Wright said there are natural seasonal flows that need to be included in the definition. Mr. Healey said he will send out an email asking everyone to review and the Board will discuss next month.
Planning and Zoning Conference – Mr. Healey gave a reminder that the Planning and Zoning conference is Saturday June 1. The cost to attend is paid for by the Planning Board. This is usually a good conference and a website you can visit and see what the topics are and what they are covering. The Office of Strategic Initiative is planning this 25th annual planning conference.
Conservation Commission - Katheryn Holmes has been to the Planning Board numerous times about a proposed amendment associated with restoration. Katheryn said that if a landowner does things that they shouldn’t have in the shoreland Katheryn has a set of procedures that she would like in zoning. The Planning Board did not think this kind of regulations belongs in zoning ordinances, but town counsel believes it should go in the zoning ordinances. Mr. Healey would like to know what town counsel actually advised. Mr. Healey will request from Kathryn a copy of this email and her proposed Shoreland Restoration amendment. Mr. McWilliams said, in all my years in working through zoning ordinances, I have never seen a provision like this anywhere else.
Mr. Weiler made a motion to adjourn. Mr. Wright seconded the motion. All in favor.
The meeting adjourned at 8:23 p.m.
Respectfully submitted,
Donna S. Long
Recording Secretary