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24 Main Street
Gray, ME 04039
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2008 11-6 Orc Mins
Thursday, November 6, 2008
Richard Bibber, Gary Foster, Jack Goosetrey, Wayne Wood, Jim Foster, Doug Webster
MINUTES:
1.      Approval of meeting minutes
a.      October 2, 2008 ORC minutes
Gary Foster moved; Jack Goosetrey seconded.
Motion to approve the Oct 2, 2008 as corrected.
4 Yes/ 1 abstention (Jim Foster)
Gary Foster stated that the comments written about the wording of 402.3.4F needs some clarification as the wording is unclear.
2.      Ordinances
a.      Review a proposal to amend Chapter 401: The Gray Subdivision Ordinance
b.      Review a proposal to amend Chapter 402: The Gray Zoning Ordinance
402.6.4 Net Residential Density.  
Wayne Wood believes that the net residential acreage calculation should be included in the Subdivision Ordinance and questions whether or not it should still be in the Zoning Ordinance.
Doug Webster discussed incorporating an applicability section which the group believed would make clearer.
Wayne Wood asked whether or not this would apply to regular subdivisions.
402.6.4 F.  There were questions on the wording of this section and the group believes it indicates a policy change.  
402.6.5A: Non-Conformance…  There was a discussion on use, structure or lot.  Doug indicated that the clearer the wording, the better so it doesn’t create issues for the buyer.  He believes it creates less subjectivity.  Doug commented on 402.6.5C 2 and stated that this is a change.  He indicated that this section provides some guidance to the Planning Board for the existing use and the proposed use. The group believes it gives everyone a clearer understanding.  They reviewed the existing wording to compare and contrast the current, proposed wording. Doug Webster stated that it is not considered a policy change, but tightens up the parameters.
402.6.5 E Existing Lots of Record Grandfathered.  There was a discussion on separate lots and that the current wording indicates that the owner now has 1 non-conforming lot as opposed to separate non-conforming lots.  There were questions as to whether or not this is the wording the group wants.  Doug Webster indicated that this wording is intended to bring the grandfathered lot into compliance.  He indicated that this is standard language.  
There was a discussion on the 2nd paragraph of F and that this paragraph helps to answer a number of potential issues the group was thinking of.
Section G: No issues.
402.6.6: Special Permit Required for Temporary Events
A couple of examples in the community were discussed in reference to this application.   They ask if it is referencing the mass gathering issue.
Doug Webster believes this helps to address activity that is occasional versus more regularly.  
Wayne Wood asks that if this is included here, is a mass gathering ordinance duplicating efforts.  
Doug believes that it is different levels and that there are more criterion applicable in the mass gathering.  
Wayne suggested that addressing and adding more elements in this section could eliminate the mass gathering.
Doug Webster suggested that a mass gathering ordinance could be used for large events and this could be for smaller events and would address the abutters knowledge.  He indicated that this is up to the Council.
         402.6.7: No issues
402.6.8 Regulation of Mobile Home Parks: No issues (Note: some draft versions of this section are titled: Regulation of Signs.)
402.6.9:  No issues.
Article 7.
402.7.1 Temporary Structures.  Doesn’t appear to be any issues.
402.7.2 Home Occupations:  No issues.
402.7.4 A:  It was suggested that it be WH1.
Wayne asked about the square footage of land owned as stated here in relation to the amount related to animal husbandry.  It appears to create inadequacies.  There was a discussion on the square footage and whether or not the land owned etc is contiguous.  Gary asked if there is a typo in the phrase…. rented or leased “for” the first animal and not “or” the first animal.
There was a discussion on possible changes.  Doug Webster indicated that the Council will discuss potential changes and at some point language will be applied to them as needed.  
Jim asked if this is an exception to animal husbandry.  Wayne believes that this is to clarify just having animals to keep as a pet for example (a riding horse) and not used for their meat, fur etc.
B:  Enclosures:  No issues.
C:  There was a discussion about where the complaints go.  Wayne Wood suggested that the complaints go to the CEO first, and then, if needed, referred to another source (IE: the State).  This would make it clearer.
It was suggested that certain types of complaints be included to give a clear understanding to whom complaints go.
402.7.5: Back Lot Access.  Gary Foster and Wayne Wood suggest striking this section and include the one the ORC created about 2 years ago.
(Note: copies of this document will be found and sent to Doug Webster.)
        402.7.6: Cluster Development.
C: There was a discussion if multi-family triggers sub-division review.  Wayne Wood believes that C, as written is selling this section short. Doug Webster indicated that the wording clarifies what happens and is specific about not becoming cluster development.   The standards on the different uses are stated here for clarification.   Wayne wants to be sure that this doesn’t confuse developers who may not be so knowledgeable.  Doug Webster suggested a statement including subdivision in this section to help out.
        402.7.7 Planned Unit Development
        B. The group approves the 50% setback phrasing.
        402.7.8: No issues.
402.7.9:  The group made certain that the uses are listed in the tables so    as to not create problems. They are correctly listed.
No issues.
402.7.10: The changes appear to emphasize the difference between
3.      Next meeting agenda: There was a discussion on whether or not there is a rush on meeting more often if the deadline or process is unclear.
4.      Other: There was also a discussion on the status of the ORC group for the future.  Doug Webster stated that he would speak with the Town Manager to get information and get back to the group.
5.      Adjournment. Next meeting is Nov. 17th.
Motion to adjourn.

The meeting ended at 9:10pm.