Lebanon Board of Appeals Approves Two Variances For Non-Conforming Lot Sizes 2/16/16

The Lebanon Board of Appeals met at the Lebanon Town Office on Tuesday evening, February 16, 2016 to hear and discuss variances for two separate non-conforming lots within the Town of Lebanon.

The first lot discussed was one owned by Mr. Jack Cole.
Code Enforcement Officer Mike Beaulieu addressed the Appeals Board stating that  he had rejected an application by Cole for a building permit on a lot on Milton Mills Road.
According to Beaulieu, the building lot size for the Town of Lebanon is 2 acres, and this lot was too small to have qualified for a traditional building permit due to the lack of a Grandfather Clause pertaining to lot sizes within the town.
According to Beaulieu, Cole's property had a mobile home on the site for many years. However, Cole removed the old dilapidated mobile home, citing it as a safety risk for anyone attempting to enter it. Beaulieu stated that the minute Cole removed the prior mobile home, he created a non-conforming lot.
Mr. Cole addressed the Board stating that originally the lot had been 3.1 acres, purchased by his mother in 1959, however when Cole's brother returned from military service, Cole's mother had given him a small lot and the existing mobile home, and she had erected a conventional wooden structure home on the back lot.
Cole continued, stating that the property has been taxed as two separate home lots since 1974.
Neighbors to the property in question, the couple who now own and reside in Cole's mother's wood structure home, were in attendance and when asked if they had any objections to Cole replacing the mobile home, they stated they did not.
Appeals Board Chairman, Bettie Harris-Howard questioned Cole on the availability of Septic, Electricity, and Water if the Board were to allow for the replacement of the mobile home, and Cole answered that all was fine, including the well, which had been in existence since the late 1800s and was a shared well between the two properties.
Harris-Howard went on to question what Cole's plans were once the mobile home was replaced, and Cole answered that he hopes to sell the property.
This brought a few questions to the shared well and selling of property, but CEO Beaulieu stated that it  was legal to have two owners share one well within the State of Maine. The CEO also stated that the placement of the slightly larger mobile home still was within the setback and road frontage requirements of the State Law.
CEO Beaulieu summarized that he thought that the Appeals Board should grant Mr. Cole a variance for a non-conforming lot and allow him the placement of the new mobile home.
Chairman Bettie Harris-Howard stated that she did not find a reason to punish Mr. Cole for removing an older model mobile home that had clearly been a hazard, and that she too, was in agreement in granting the variance.
Appeals Board members Ms. Barboza and Mr. LeBreque were also in agreement, both stating similar reasons to Ms. Harris-Howard.
The variance was granted.

The second non-conforming lot question on the Appeals Board's agenda was that of Mr. and Mrs. Mark Sylvia of Ridgewood Drive.
Ridgewood Drive is a waterfront subdivision, approved by the Lebanon Planning Board back in 1972. At that time, it was not required to have a 2 acre lot size minimum for building.
CEO Beaulieu stated that the lot in question was no on the waterfront, but 1 lot back from the waterfront, and continued on by stating there was a 16X16 existing building on the property with a loft, and that the current building has no septic system or running water. Basically, it was a camp, and the Sylvia's said it had been seldom ever used.
At this time, Beaulieu said it was unknown if the site would be able to obtain a building permit, and that the Appeals Board was only the first step in the process. The CEO stated that a site evaluator needed to gain access to the property and that plans would have to be drawn up for the placement of both a well and a septic system, adding that there were several ways that competent site evaluators could make things fit through the use of more modern technologies such as a well-liner, or deeper wells drilled through bedrock level. Beaulieu also stated that there were 18 lots on Ridgewood Drive, and all of them just about the same size, 3/4 acre, and one of the bordering lots owned by Mary Jones, was slated as an access lot to the larger parcel of property behind the residential properties.
Chairman Harris-Howard addressed the Sylvias asking what their plans were with the lot. Mr. Mark Sylvia stated that he was the President of the Ridgewood Drive Housing Association and that he and his wife, Jennifer, purchased the property and camp after hearing other prospective buyers' plans to make a summer party cottage out of the place. Sylvia stated his love for the area, and said his plans are to create a quality home to sell at a later date. Mrs. Sylvia stated that they have watched others in their area put a lot of money into renovating their homes, and that they cared for their road and that they hoped the home would improve the area.
When questioned to the size of the home they planned to erect, CEO Beaulieu stated that the size of the allowed building would be directed by the size of the septic system they could fit onto the lot, saying that the septic system size would be up to the site evaluators, and the size of the allowable septic would dictate the number of bedrooms and bathrooms they could allow in the home.
Both Ms. Barboza and Mr. LeBreque stated that since others have built on the 3/4 acre lots, and that it has been approved at one time or another, they should also approve the variance for the Sylvias. Ms. Harris-Howard agreed and the variance was granted.
Mr. Sylvia stated that there were several other lots in the area that had only foundations on them, and asked if all the lots with foundations would now be able to build homes, but both Beaulieu and Harris-Howard stated that each lot would have to be considered on it's own merit and that each property owner would have to go through similar hearings separately in front of the Appeals Board.
A question was raised that since the area was an approved subdivision, would the property owners also have to seek an appointment with the Lebanon Planning Board, but both Beaulieu and Harris-Howard stated that they didn't think that was necessary.
The meeting was adjourned at 6:22 pm.

Lebanon Board of Selectmen's Meeting Notes by LMTS on Tuesday, February 16, 2016 Meeting.

Notes from the February 16, 2016 Lebanon Board of Selectmen's Meeting.....

The Board of Selectmen's Meeting began as scheduled on Tuesday night at 3 pm with discussion on the binding and eternal recordkeeping of the Town of Lebanon.
Recently, as Town Clerk Mandy Grenier, in purging old materials from the Vault at the Town Office, has come across many of the Town's documents that, by law, need to be preserved eternally. Some of these documents include Annual Town Reports and Selectmen's Meeting and other Board and Committee minutes.
In order to preserve them correctly, the documents should be bound, according to year. This has not been done, and to do so would accrue quite a charge.
Instead, Ms. Grenier has found a machine called the Fast Back 9, a book binding machine that the Town of Lebanon could own for about $1,900. With supplies, the cost would be about $2,300.00.
There was a representative in from McIntire Business Products of Concord, NH at the Tuesday evening meeting, demonstrating the Fast Back 9.
The machine can instantly bind, through the use of a heating unit, documents up to 2 inches in thickness.
Selectmen had recently approved for Ms. Grenier to spend $400 in getting some of the aging journals bound professionally, Ms. Grenier has not expended that money. The Town Clerk stated that the purchase of the machine, in light of the many years worth of documents which need to be bound, seems like a much smarter decision and would save the town large dollar amounts.
All 3 Selectmen seemed on Board with this purchase, however, no formal appropriation was made to fund the new machine.

According to Ms. Grenier, the opening day for taking out nomination paperwork for the upcoming May 2016 Lebanon Town Election, was today, Tuesday, 2/16/16.
Ms. Grenier stated that she had three (3) people come in to the office today to request paperwork.
For the position of Selectman (3 year term), paperwork has been requested by Ms. Christine Torno and Ms. Jenn McComish.
For the position of Road Commissioner, paperwork has been requested by Mr. Tom Torno (incumbent).
There have been no other nomination papers requested at this time.
Nomination paperwork must be requested, filled out, and returned by March 28, 2016.

There was discussion regarding the Public Hearing associated with Town Elections. A tentative date of Tuesday, April 26, 2016 was given.
Deborah Wilson of Lebanon Maine Truth Seekers asked the Board of Selectmen to consider giving a Saturday date a consideration. With the number of families in Lebanon who rely on dual paychecks, Saturday would seem like an easier date for working families and parents to attend.
Selectman Thompson had some discussion regarding a Saturday afternoon or evening meeting and entertained the thought of changing the meeting to a Saturday, however, Selectmen Nadeau and Heath did not want the Tuesday night schedule of the Public Hearing changed and the two voted to keep the date of Tuesday, April 26, 2016 at 7 pm as Lebanon Public Hearing date, and requested the Town Clerk to secure the Lebanon Elementary School Gym for that purpose.

It was noted that the Audit of the Town of Lebanon 2015 Finances is being conducted at this time at the Town Office.

At 4:00 pm The Selectmen's Assistant, Ms. Sue Collins came in to have discussion with the Board.

According to Ms. Collins, the Board has received only 1 bid thus far for the town mowing RFP. That bid is from J & S Masonry, the Brownfield, ME company that performed the services last year. There was no discussion as to whether the bid was for the cemetery mowing bid, or the town property mowing bid.

Local Trash Pick Up contractor Kevin Hartford had been in to the Town Office earlier in the week to have a discussion with Ms. Collins regarding the Town Office trash. According to Ms. Collins, Mr. Hartford has been in on previous dates requesting that all cardboard boxes be broken down and flattened, and that all other trash be bagged.

There was discussion regarding upcoming training classes and the amount of travel reimbursement available. According to the Select Board Chair, Selectman Thompson, the budgeted amount for travel reimbursement for the 2015-16 Fiscal Year was $2,100.00 and at about 3/4 of the way through the year, the account has expended $1,388.00. Ms. Grenier stated that she was still required 1 more training session, and that there were several others requiring one or two more.

Selectmen's Assistant Collins brought the Board's attention to a suspected mistake in the tax evaluation of a local mobile home. The Board is going to go and look at the property later in the week and make a decision as to whether or not the evaluation is, indeed, a mistake, and if the evaluation needs to be changed, an abatement will be issued by the Board.

Ms. Collins also presented the Board with an application for a Veteran's Tax Exemption. No action taken at this time.

Copies of the new split contracts for mowing town cemeteries and town properties were presented to the Board for their review. No action taken at this time.

At 4:15 Lebanon Maine Truth Seekers Deborah Dorey Wilson addressed the Board regarding a previous off-the-cuff conversation regarding Lebanon Clean Up Day 2016. Ms. Wilson stated a willingness to coordinate the event again for the Town of Lebanon this year, and agreed with the Board of Selectmen on the date of Saturday, May 7, 2016. Wilson will coordinate with both Road Commissioner Torno, Transfer Station Department Head Ronal Patch, and Lebanon Scoutmaster Norm Sirois on their availability for that date and report back to the Board with a final agreement on the date.

Lebanon Fire and EMS Chief Daniel Meehan arrived for a momentary discussion with the Board regarding the Department's Zoll Heart Monitor.

The Select Board discussed that they had received an invoice from WG Tech, the company that is handling the Town Office's Computer and Technical Services.
The invoice was for a total of $1,691.25. 
Selectman Thompson discussed with Selectmen Heath and Nadeau that the bill included the sum of $41.25 for the installation of a printer in the Board of Selectmen's Office and the amount of $1,650.00 for the recovery of e mails that were sent from town computers by former Town Office workers, which Thompson stated, by law, should have been kept for at least 2 years after their send date. Thompson stated that these e mails had been purposefully deleted, but refused to state who had been responsible for the deletion, stating that they were "Personnel at the time" and therefore the issue could not be spoken about publicly.
This invoice amount also included money for  a "deep scan review" for deleted and missing e mails by the State of Maine and a scan of the computer cookies and history files, which have now been retained on a flash drive.
Thompson stated that the amount for the printer installation would come out of budgeted money for Town Office equipment, however, he motioned to expend the remaining $1,650.00 needed to resolve the invoice, from the Town's contingency fund. The motion was seconded by Selectman Heath, and the Board voted 2 - 1 with Selectman Nadeau objecting to the payment.

Waste Management's contract for Trash Removal from the Lebanon Transfer Station was discussed. This is a 5 year contract with the town, although there is no exact dollar amount as the price has the ability to change due to the CPI index. All three Board members signed the contract.

At 4:45 pm, Town Treasurer Jeanette Lemay entered the Selectmen's Office to discuss the foreclosure proceedings of about 30 properties within the Town of Lebanon due to unpaid taxes from the 2013 tax year.
Since this is a new process to everyone on the Board, Lemay was questioning how the Selectmen wanted to go about the foreclosure and liquidation process, quoting several options, including Sealed Bidding, and Public Auction.
Selectman Thompson stated that he thought it would be more beneficial for the town if they turned the properties over to a competent Real Estate Agent and sold the properties for below market value, but still at a profit for the Town.
There was discussion between the Board members and the Treasurer regarding taxes owed versus real value of properties and regarding mobile homes that were located in park type properties. Selectmen Thompson and Heath asked Ms. Lemay to provide them with the tax cards for all involved properties. No decisions were made, and it was agreed that the Select Board members would go and review the properties and bring it back to discussion on Monday, February 29th.

Lebanon Maine Truth Seekers also asked to be included in the February 29th Agenda for the presenting of the not yet appointed Cemetery Committee meeting minutes, officers names, and mission statement. Ms. Wilson will also, at that time, present to the Board, the four "O2 Fur Life" Pet Resuscitation Kits that Lebanon Residents contributed donations to purchase. At that time, the Board will accept the donations on behalf of the Town and turn them over to the Lebanon Fire and EMS Chief for the use of the Department.

5:15 pm. Selectman Thompson introduced a Personnel Policy for the Town of Lebanon for the Board's consideration.
Thompson asked the other two Board members if they had reviewed it and both indicated that they had. Selectman Thompson then asked if the other two Board members had anything to discuss on the proposed policy, and Selectman Heath stated he did not, however, Selectman Nadeau stated he did not see the need for a revision of policy.
At that time, Thompson related to Selectman Nadeau that the policy had been written by the Town's Attorney's not by himself, and that the Town needed to make these changes in order to be compliant with Maine State Law. Thompson added that the Town has been operating outside of the State Law for quite some time and that changes to bring the Town into compliance were recommended. 
Nadeau asked if the Board could review at a later date, and it was set on the February 29th Selectmen's meeting agenda.

There was some discussion regarding a meeting between Selectman Thompson and a representative from the Maine Revenue Service last Thursday. According to Thompson, the discussion was regarding the 2016 re-valuation of Lebanon's Waterfront Properties, and that the representative would be in at a later date to address the Board.

Discussion between Selectman Thompson and LMTS Deborah Dorey Wilson regarding the upcoming increase in the State's Homestead Tax Exemption. According to Thompson, beginning on April 1, 2016, the Homestead Exemption will rise from $10,000 per property, to $15,000 per property, with a planned increase to $20,000 in April of 2017. If you are already receiving a Homestead Exemption, you need do nothing to receive this increase.

Selectman Nadeau brought up discussion of the plans for the town to take over the Depot Road Station of the Lebanon Fire and EMS from the ownership of the East Lebanon Fire Department Inc. Thompson stated that the Town Attorney's were looking into a few things, however, he could not discuss them in open meeting in order to "not tip the town's legal hand" with regards to the plans.

The Board had small discussion regarding ordinances that will be placed on the upcoming Town Ballot regarding the legal creation and parameters of several boards and committees, including the Planning Board, Board of Appeals, and Budget Committee.

The Lebanon Board of Selectmen adjourned their meeting at 5:55 pm with a motion from Selectman Paul Nadeau, seconded by Selectman Heath.