Town of Bethel
Phone: 207.824.2669 Fax: 207.824.3355
19 Main Street · P.O. Box 1660
Bethel, Maine 04217-1660
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Board of Appeals Minutes

These minutes are unapproved

Minutes Bethel Board of Appeals Drafted 1.24.07 Tuesday, January 16, 2007 Town Office 6:00 p.m. Members Present: Harry Faulkner, Wende Gray, Lennie Shaw, Kirk Siegel, Francis Dumont Members Absent: None Staff Present: Scott G. Cole, Town Manager, Sarah S. Tucker, Planning Assistant Others Present: Mark Egeberg, Appellant; Dana Hanley, Appellant Attorney, Robert Crawford, Town Council. See sign in sheet for a complete listing of attendees.

A recording of the complete meeting is available in Windows Media Audio File format.

  1. Call to Order

Chairman Faulkner called the meeting to order at 6:00 pm. 2. Opening Statement

Chairman Faulkner declined to make an opening statement.

  1. Declaration of Quorum

Chairman Faulkner declared a quorum.

  1. Approval of Minutes: Meeting of November 9, 2006

Wende Gray made the motion to approve the minutes as presented, Lennie Shaw seconded the motion; it was unanimously approved. Francis Dumont abstained from voting because he did not attend the hearing.

  1. Election of Officers

Lennie Shaw nominated Harry Faulkner as Chairman and Wende Gray as Vice-Chairman, Kirk Siegel seconded the motion; it was unanimously approved.

  1. Board of Appeals Hearing:

Appeal of October 25, 2006 Planning Board Decision Regarding Change of Use Determination, Tax Map 25, Lot 62, Funky Red Barn

Appellant: Mark Egeberg Location: Map 25, Lot 63 6 Mechanic Street

Member Kirk Siegel stated that he had a conflict of interest and that he would sit down for the hearing. Harry Faulkner stated that he had a conflict of interest and would sit down for the hearing. Both members took seats in the audience.

There was discussion of the timeliness of the appeal of the Planning Board decision and whether it had been received within thirty days as required by ordinance. After discussion it was agreed that the appellant had filed the appeal within 30 days of receiving the written decision on November 15, 2006.

Rob Crawford of Bernstein, Shur, Sawyer, and Nelson provided the Board legal instructions.

Acting Chairman Gray recognized Dana Hanley of Hanley & Associates. He reviewed the five Site Plan performance standards that he believed were misapplied.

Acting Chairman Gray recognized appellant Mark Egeberg who spoke about outdoor smoking, music, and police complaints.

Member Francis Dumont asked if the Board needed to act that night. Robert Crawford provided the Board with legal instructions.

Francis Dumont made the motion to continue the hearing, Wende Gray seconded the motion; it was unanimously approved.

All parties agreed to continue the hearing on Wednesday, January 31, 2007 at 6:00 pm.

Kirk Siegel and Harry Faulkner rejoined the Board.

  1. Other Business

Town Manager Scott Cole stated that the Board had requested an opportunity to discuss the process of appeals to Planning Board decisions; there was considerable discussion about the process of appealing Planning Board decisions.

Lennie Shaw made the motion to request that the Town Manager ask the Ordinance Review Committee to review Site Plan Review ยง 140-10. Appeals. before February 1, 2007, and restore it to the original language, Harry Faulkner seconded the motion; the motion carried 3 to 1 with Member Siegel opposed. Francis Dumont abstained from voting.

  1. Announcements: None
  2. Adjourn

Lennie Shaw made the motion to adjourn, Wende Gray seconded the motion; it was unanimously approved.