Planning Board Minutes

Litchfield Planning Board Minutes
May 7, 2007

1.0 Meeting convenes at 7:00 p.m. at Litchfield Town Office.
1.1 Members present: Eric Seaman (chair), Judy Rogers (vice-chair), John
Hatch, Mike Seaman, and Robert Gordon, secretary Lezley Sturtevant and CEO
Steve Ochmanski. Alternate member Marvin Allen is excused. Guests
attending: Glen Ridley, Rayna Leibowitz, Charles Manchester, and Gene C.
Marsella.
1.1.1 Chair asked the board to review the absences of Rob & Marvin. Judy
made a motion to recommend the Selectmen to waive the attendance
requirements of the Planning Board Ordinance. John 2nd the motion and vote
was 4-0-1.

2.0 Minutes of March 19, 2007 and April 2, 2007 submitted for approval. Rob
made a motion to accept minutes of 3/19 as written. John 2nd the motion and
vote was 5-0-0. John made a motion to accept minutes as amended, Judy 2nd
the motion and vote was 4-0-1.

3.0 Agenda Additions/Adjustments
6.1

4.0 Scheduled Business
4.1 7 p.m. Public Hearing - Planning Board Ordinance amendments - opened at
7:10 p.m. Eric explained the current attendance requirements to the public
and the changes made to that section of the Ordinance. He also noted
changes to Sect. 3C, associate members must attend..., and grammatically
singular to plural. Discussion opened to the floor - no comments. Judy
made a motion to close the public hearing at 7:13 p.m. Mike 2nd the motion
and vote was 5-0-0. John comments he recently was made aware of a State
Supreme Court decision to uphold a contest of a board decision, based on
lack of a full board requirement.
4.2 7:15 p.m. Public Hearing - Shoreland Zoning Ordinance - open at 7:16
p.m. Maine Department of Environmental Protection updated model Shoreland
Zoning Guidelines. State law requires all municipalities with Shoreland
Zones to adopt no less stringent laws. The state allowed until 2008 to
update our Shoreland Zoning Ordinance to reflect the new guidelines. The
Planning Board modified our SZ Ordinance as recommended by MDEP as well as
resembling the Land Use Ordinance. The chair opened discussion to the
floor.
Charlie Manchester asked what has changed. The board explained some of the
language has been modified, the 100 ft. zone has been made less stringent
(foundations & nonconformance), allows retaining walls, clarification and
new definitions. Mapping changes include eliminating Limited Commercial
Zones and replacing with Limited Residential, Carter Pond's zone has changed
from 240ft. to 250ft., added Performance Standards for application review.
There were no changes to timber harvesting, building regulations (setbacks).
Topics were made consistant with the Land Use Ordinance, a reference to
the Road Ordinance in Land Use Table 1, footnote 13. The state's push was
for new Timber Harvesting regulation which is tailored for LURC areas, by
allowing more cutting in Resource Protection. The difference between Timber
and Vegetation has also been more clearly defined. Rayna Leibowitz felt it
was very appropriate to make it consistant with the Land Use Ordinance as
much as possible. Robert made a motion to close the Public Hearing at 7:30
p.m. Judy 2nd the motion and vote 5-0-0.
4.5 Town garage expansion application - the board decided to review the
application per item.
A) OK, B) need or waive, C) OK, D)1-7) OK, E)1-5) OK E)6) is debated by the
board - Eric could allow for provision of the requirement later in review
process. John disagrees; the town should be held to the Ordinance
requirements. Mike also believes the requirement should be met. Robert
makes a motion to consider the application complete. Judy and Mike would
like to include the board's intent to require E)6) at later review. The
board needs a letter from the fire chief also, unless applicant requests a
waiver. Robert makes a motion to find the application complete. John 2nd
the motion and the vote was 5-0-0.
4.3 7:45 p.m. Public Hearing - Town garage application - small garage bay
with an area for employees. The chair opened discussion to the floor-no
comments. Judy made a motion to close the public hearing at 7:54 p.m.
Robert 2nd the motion and the vote was 5-0-0.
4.5 cont. Robert made a motion to accept waiver for 2)F). John asked if
there were plans to have floor drains. Steve O. is not sure, and Judy asked
why the restroom was removed from the original plans. Steve O. explains
American Disability Act has requirements regarding restrooms. New
constructed restrooms must be compliant with ADA regulations. Glen Ridley
states it's not a commercial building, but municipal use for storage and
work space. Eric goes back to the question of floor drains - the board
needs to know if any and if they are subsurface waste or drain into the
waste oil collection tank. ******

5.0 Unscheduled Business

6.0 Correspondence - Discussion - Reports
6.1 KVCOG newsletter - change of rules for comprehensive planning by the
State of Maine.
6.2 MDEP, Significant Wildlife Habitat rules - letter read by Eric.

7.0 Future Agenda Items
7.1 Shoreland Zoning Ordinance mapping
7.2 Secretary needs to mail letter from MMA to Marvin and Rob.

8.0 Adjournment
8.1 Mike made a motion to adjourn at 8:45 p.m., and Judy 2nd. Vote 3-0-0.

Respectfully submitted,

Lezley Sturtevant, Secretary