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8:30 am - 4:00 pm
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24 Main Street
Gray, ME 04039
Tel (207) 657-3339
Fax (207) 657-2852
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2008 08-20 Orc Mins
Wednesday, August 20, 2008
Minutes:
Present:  Jack Goosetrey, Gary Foster, Richard Bibber, Jim Foster, Wade Trudel.
Doug Webster.
Richard Bibber moved; Jim Foster seconded
Motion to make Jack Goosetrey a voting member
3 Yes
1.      Approval of meeting minutes
a.       August 7, 2008 ORC minutes as written.
Richard Bibber moved; Jack Goosetrey seconded
Motion to accept the August  7, 2008 ORC minutes as written.
4 Yes
2.      Ordinances
a.      Review proposed Chapter 402 Zoning Ordinance revision (continuation of review)
Patio- There were questions comparing a deck vs. patio in relation to the term “elevated”  The group indicated that the wording should read “made of concrete” and not “on”
Personal Property- The group believes that the definition attempts to distinguish between business equipment (property) and personal property.
Personal Service- There was a discussion on where nail services and massages fit.

Private Landing Strip- The group supports the change in definition as it is clearer.
Private Way-The group suggests eliminating the term “public use.”  Doug Webster believes that the wording should be consistent with the street ordinance.  There were questions as to whether or not there should be definitions for both private and public way and that they be in line with the street ordinance.  There was a discussion on easements as related to certain wording and believes that this is an important issue.
Professional Offices- Richard Bibber questions why the definition somehow appears twice (definition is also under “office”). It appears to be redundant.  Doug believes that professional office should be removed since “office” is what is listed in the uses table matrix.  
Redemption Center- The groups supports the change in definition.  There is a grammar error and suggest changing “which” to “that”
Recreational Vehicle-The group is unsure about the second sentence. The group suggests striking “in order…not a structure” and begin the second sentence with “the unit…”
Rock- The group indicated that this is a new definition as it did not appear prior. Doug Webster believes it is included due to the use of quarry. There was a discussion on other wording in the past related to this such as gravel pit, minerals etc.  Mineral excavation should be included as it does not appear at present.  Mineral exploration exists, but mineral excavation should also be included.
Schools-should be listed in the singular for consistency in the document.
Street- Doug Webster believes that it needs to be clear for frontage for street building ordinance and for applications.
Setback- The group agrees with the new definition as it is clearer.
Similar use- There are concerns about including the Planning Board in “determined by the Planning Board…”  The group wants clarity in the criteria. Doug Webster and Gary Foster indicated that there is an attempt to be clear on the criteria which are included on page 80 (Section 402.9.3 F)
Subdivision- There were questions as to whether or not the definition is the state statute.  Doug Webster stated that it is with the exception of the last sentence.
Substantial Expansion- There were questions about the amount.  There are some questions as to whether or not it is unduly restrictive and should be re-examined.  There were questions about it related to shoreland and subdivision. Doug Webster believes that this may likely tie in to site plans.
Substantial Improvement-Doug Webster indicated that this definition is from the Federal Flood Plain standards which the state administers.
Sustained Slope-There were a few questions as to where this applies.  Doug Webster indicated that it likely applies to shoreland.  The group recommends listing some specific distances in the definition.  The definition should be quantified.
Travel Trailer- Gary indicated that this definition seems to be included in the recreational vehicle definition.  The group recommends that this definition remain.
Variance- Appears to have performance standards.  Doug Webster indicated that it tries to make clear what the Board of Appeals can and cannot do. (They cannot grant a variance).  There should not be performance standards included in the definition.
Veterinary Hospital or Clinic- The was a comment that clinics do not only care for ailing or injured animals.  They also do preventative care.
Jack Goosetrey commented that there are no definitions for dog daycare.
Doug Webster indicated that it likely would be under the definition of a kennel since the use perspective and impact abutters are similar
There was a discussion that kennels and veterinary clinics are not listed in the approved uses matrix in the proposed ordinance.
There were some questions as to whether animal husbandry and breeding kennels are the same and should go under the same listing.
There were also questions about the number of dogs as defined in kennel.  Doug Webster clarified that the important aspect of the definition includes “for a fee.”  Jim Foster questioned the number of dogs to be determined as a household pet versus a kennel.  The group believes that the definition should be re-examined since it may not be clear to the reader.
Richard Bibber asked as to who determines the boundaries as discussed on page 24 Official Zoning Map (F).  The group believes that property lines should be used to be clear and prevent ambiguity.
Doug Webster believes that there needs to be a provision to make clear as to who will make the final decision if needed.  Doug Webster gave some examples of “overlays” (shoreland, aquifers etc) that may not be fair to the property owner.  For standard zoning, property lines are clear and are good ones to use, but not necessarily for the “overlays.”
3.      Next meeting agenda
4.      Other
5.      Adjournment
Gary Foster moved; Richard Bibber seconded.
Motion to adjourn

The meeting ended at 9:22pm