Bremen officials said better communication is needed in order to ensure that residents understand building regulations designed to maintain the quality of life outlined in the town’s comprehensive plan.
The board of selectmen held a joint meeting, Nov. 15, with Code Enforcement Officer Stanley Waltz, Town Attorney Jonathan Hull, and members of the planning board and ordinance review committee.
Bremen Board of Selectmen Chairman Wendy Pieh began the work session by stating that she wanted participants to focus on methods of improving the permitting process to include increased availability of information to the boards and interested citizens early on.
Members of the public at the board’s Nov. 1 meeting said permits have been issued and revoked and that construction has been allowed without proper permits having been issued.
At that meeting, it was suggested that notice of all permit applications should be given to selectmen, members of the planning and ordinance review boards and the code enforcement officer. It was also proposed that notice be posted on the town’s new website and published in the newspaper.
Participants at the Nov. 15 meeting also discussed posting a weekly list of all applications in the town office. Waltz said he maintains a log of all applications that is kept in the office.
It was suggested that a scale of fees be created that would depend on the scope of a project and that applications should state the expected use of a proposed building.
The group reviewed possible changes to application and permit forms that might make it easier for abutters and other interested parties to find out what is being planned in their neighborhoods.
Hull suggested adding a page to the website for the CEO, where users could find contact information as well as updates on applications and issued permits.
Pieh said all applications should be seen by Waltz, Assessor Jim Murphy and all members of the planning board, to avoid duplication and possible contradiction in providing information.
“Stan isn’t going to be posting applications,” Hull said. “He’s going to be posting permits issued or denied. The planning board doesn’t have any authority over that.” He said those wishing to appeal a permit must go to the appeals board.
Landowner and farmer Steve Barnes said Waltz has seven days to act on a permit application and could use some of that time to notify the planning board, by email, so that its members could respond with any questions or concerns. The selectmen said they would also like to be in the distribution list.
Hull said the CEO’s authority is defined by state law. He said he was concerned that there could be confusion if members of the planning board or other officials challenge that authority.
“I don’t want to tempt the planning board into directing Stan,” he said. Christine Berg said notifying the board would help them identify land use issues that require their attention.
“I’d like to be kept in the loop, but I don’t have any authority,” Pieh said. She said permitting and enforcement were inconsistent before Waltz became CEO.
In answer to a question, Hull said towns that appear to handle permitting in a clear and consistent manner generally have zoning regulations. He said Rockport and Camden post application information online, but that Camden’s has not been updated for more than a year.
“It’s not intricate, but it’s time consuming,” Hull said.
The group discussed whether new procedures would eliminate the possibility of instantaneous permitting, but did not reach a conclusion on that matter.
In regard to enforcement, Hull said that authority lies with the CEO. He said it was part of Waltz’s job to investigate complaints and notify landowners of any violation.
He said a formal notice is the essential first step in the enforcement process that may lead to fines, an order to remove a building or possible court action. Hull said the CEO’s authority comes from the board of selectmen, and that the board has the only power to override the CEO’s decisions.
Waltz said his state certification requires him to take action to stop illegal activities. He said fines for such activities are also codified in statute.
It was agreed that the tone of a written notice to a landowner who is not in compliance could be friendly at first, but might become firmer if the parties do not respond.
“Sometimes it’s hard to get people’s attention,” Pieh said. “If we can’t get someone’s attention to come and talk to us, we’re probably going to do something that to some people seems harsh.”
Selectman John Marsh reminded the group that the ordinances being discussed were all approved by voters. He said it was his responsibility to uphold those laws.
“This is what we’ve decided as a group, as a majority,” Marsh said.
The discussion moved on to consider what changes might be made to the permitting process. One suggestion was that a new definition be created for businesses that are not strictly those operated by homeowners on their own property, such as the rental of office space.
There was also discussion of separating agricultural activities from other home-based businesses or those that are considered commercial or industrial.
Hull said he would bring some model ordinances to the ordinance review committee. Planning Board Chairman and ORC member David Koubek suggested the ORC invite farmers in to help create a collective vision for crafting an agricultural use ordinance.
Before the workshop adjourned, it was agreed that minutes from planning board meetings would be made available to the public at the town office counter.
