Town of Lamoine, Maine
The Official Website of Lamoine's Town Government
Lamoine Board of Appeals
Minutes of February 21, 2011 (Draft, subject to correction)
Chairman Hancock Griff Fenton called the meeting to order at 6:30 PM
Present were: Appeals Board members Griff Fenton, John Wuorinen, Nicholas Pappas, Merle Bragdon, Jay Fowler, Jim Crotteau; Secretary Stu Marckoon, Planning Board members Michael Jordan, John Holt, Donald Bamman
Minutes of September 30, 2010 Mr. Wuorinen moved to approve the minutes as prepared. Mr. Fowler 2nd . Vote in favor was 4-0 (Crotteau, Bragdon abstained)
Appeal of Doug Gott & Sons of Planning Board denial of Site Plan Review and Gravel Permit
Chairman Fenton said the purpose of the meeting was to go over the preliminary matters in this case.
Chairman Fenton said he read over the materials, and this appears to be a different sort of case, and questions of constitutionality have been raised along with alleged errors by the Planning Board. He asked if the Appeals Board would like to ask the Selectmen to have an attorney look at the materials and to attend the hearing. He said he does not like to spend money for something that is not needed, but having an attorney might be cheaper at the onset and to get the process right.
Mr. Holt noted that in the Appeals and Planning Board manuals, it's clear that the Appeals Board does not deal with constitutional matters. Chairman Fenton said he was aware of that, but there are cases cited by the appellant that may need research. He said there are issues of law here with which he is not familiar. Mr. Wuorinen said having an attorney is an excellent idea. Mr. Crotteau said he agreed, and while he is an attorney, he is not familiar with law in this area, and his role is to be a citizen member of the Appeals Board, not the attorney for the board. He said it would be helpful for the Appeals Board to have an attorney and, if need be, go into executive session with counsel. Chairman Fenton said if it can be done economically, it would be worth it. Mr. Fowler agreed there are matters the Appeals Board could use professional help with. Chairman Fenton said an attorney would not hurt the Board, but could be beneficial. Mr. Fowler said there are fairly technical matters here.
Mr. Holt reported that during the Planning Board process he spoke with Town Attorney Tony Beardsley regarding the application, and Mr. Beardsley rendered some opinions on some matters related to the application. He said the Planning Board and the Appeals Board cannot have the same attorney. Mr. Fenton agreed the Appeals Board would have to utilize a different attorney. Mr. Fowler agreed.
Secretary Marckoon said he would place the attorney request on the Selectmen's agenda for March 3, 2011 and asked if anyone from the Board of Appeals could attend. Mr. Fenton said he would try to attend. Mr. Fowler asked which attorney could be used. Mr. Marckoon said the backup town attorney is James Patterson. A brief discussion followed.
Next Meeting The next meeting will be the hearing scheduled for April 27, 2011 at 7:00 PM. Mr. Fowler asked if the Board needed to meet ahead of time with the attorney. Secretary Marckoon said he or the chair could deal with the attorney prior to that meeting.
There being no further business, the chair declared the meeting adjourned at 6:49 PM
Stu Marckoon, Secretary