The Lisbon Reporter

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Friday, March 23, 2012

Recap Of Last Night's Planning Board Meeting

HOCUS POCUS

At last night’s Planning Board meeting, Don Fellows, the magician, performed a magical act unparalleled by any I have seen. Fellows created a situation where he combined a “spot zoning” situation and changed it to “Conditional Usage” in zoning ordinances in an attempt to cover-up the “Spot Zoning”.

“Spot Zoning” is a violation of Maine Law.

“Spot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions.” as defined by Wikipedia.

U.S Legal definition can be found at http://definitions.uslegal.com/s/spot-zoning/?puslf=gl+defi+Spot+Zoning+Law&gclid=CPvSubba_a4CFegQNAodLVIo5Q

This act was performed utilizing charts and footnotes on a computer to divert the public from the real issue.

The Planning Board combined the proposed zone change on Gartley Street from General Residential District to Diversified Development District with the proposed changes to the Table of Land Use Chart to reflect self-storage facilities as a Conditional Use in the Diversified Development District. Also add to the Table of Land Use Chart was a limited commercial use in the Rural Open Space 1 District.

The meeting itself was unorganized and as a result lasted much longer than necessary. The Planning Board scheduled three different items each worthy of their own Public Hearing on the same night.

The first issue was on a Site Plan/Subdivision Preliminary Plan Application by Premier Development LLC dealing with the Kelly project off Route 196.

This Public Hearing lasted approximately one and a half hours. Several abutting residents spoke about concerns they had about the project. I support 100% what the Kelly family is trying to do but am appalled by the towns devious actions.

Instead of doing what was legally correct, the Planning Board and the town approved “Spot Zoning” for the project. This project will bring in additional revenue for the town and improve an otherwise eye soar. The town was in such a hurry to jump on this project they ignored the law and as a result have the same situation on Gartley Street. The Kelly family was never at fault and certainly should not be penalized for the Planning Board and town’s lack in judgment. The people of Lisbon should be grateful and support the Kelly family in this project.

The second issue should have been the Gartley Street issue with the change in zoning and the changes in Land Use Chart. However, had the Planning Board scheduled his on a separate day they would never have been able to conceal the “Spot Zoning”.

The third Public hearing should have been adding to the Table of Land Use Chart, a limited commercial use in Rural Open Space 1 District. Had the Planning Board thought this issue out properly, they would have realized these changes should possibly apply to all Rural Open Space Districts instead of just Rural Open Space 1 District.

The Planning Board intention's were not to do what is in the best interest of the town but to utilize this to confuse and conceal the “Spot Zoning” on Gartley Street.

Think about this for a moment, all the current businesses operating illegally on Route 9 are going to be rewarded for ignoring town ordinances.

Is this fair to discriminate against the land owners in Lisbon?

Why are we rewarding individuals who break the law?

I am not against these individuals operating the business but on the same note are we setting a precedent for the future. That precedent being; “do anything you want and the town will make it right later”.

Are we opening ourselves up for future lawsuits?

The Planning Board members and the Public did not have hard copies of the changes outlined in the presentation. These changes were presented on an overhead utilizing a computer so it was impossible to follow along completely. The Motions put before the Planning Board were also in the computer and there were no handouts for the members or the Public.

This is not the proper method to conduct a meeting and as a result this meeting lasted almost three hours. Shame on the Planning Board for such a shoddy meeting!

Larry Fillmore

Concerned Citizen