China News: Planners table events center application; land use ordinance

by Mary Grow

China Planning Board members tabled both substantive items on their Jan. 10 agenda, including Parris and Catherine Varney’s application to rent out their barn at 701 Neck Road for weddings and similar events.

The Varneys initially applied at the board’s Sept. 27, 2016, meeting. After an Oct. 11 public hearing and discussion, the board denied the application on Oct. 25. The Varneys appealed to the China Board of Appeals.

On Dec. 15, the Board of Appeals ruled unanimously that the planning board had failed “to meet the requirements of the [Land Use] ordinance due to the lack of proper findings of fact and conclusions of law.” The board of appeals sent the Varneys’ application back to the planning board.

The application was therefore on the Jan. 10 planning board agenda. However, on Jan. 10 a group of Neck Road residents filed an appeal of the Board of Appeals decision in Kennebec County Superior Court in Augusta.

The appeal alleges that the China Board of Appeals’ decision “was in violation of constitutional or statutory provisions, made upon unlawful procedure, affected by error of law, unsupported by substantial evidence on the whole record, and arbitrary or capricious or characterized by abuse of discretion, causing prejudice to Plaintiffs [the Neck Road residents].”

Further, the appeal claims the board of appeals ruling was incorrect, and the board of appeals exceeded its jurisdiction under the town ordinance.

In light of the reference to Superior Court, all three attorneys attending the Jan. 10 planning board meeting – Mathew Manahan representing the Neck Road residents, Matthew Evans representing the Varneys and Alton Stevens representing the Town of China – had asked that the board postpone action.

Acting board Chairman Milton Dudley objected to the delay. He said the board has a responsibility to deal with matters brought before it, and should not necessarily be guided by attorneys’ wishes, even the town’s attorney.

Toni Wall and Tom Miragliuolo disagreed, and the motion to table until after the Superior Court decision was approved on a 2-1 vote.
Stevens said afterward he expects the court to take at least two months to act.

About three dozen residents, mostly from Neck Road, came to the meeting. Dudley warned them at the beginning, before the vote to put off action, that they would not be invited to speak. “There will be no opportunity for public comment during this discussion,” he said.

The other agenda item was review of Land Use Ordinance amendments that were rejected by voters on Nov. 8. The three board members present agreed unanimously to postpone the discussion until Chairman Jim Wilkens and Vice-Chairman Frank Soares are present.

Sandra Kostron, one of three residents who stayed for that issue, said she believes voters rejected the proposed changes because they lacked information. She said town officials should not rely on The Town Line newspaper to publicize important public events like referendum votes, but should send individual first-class letters, “even though it’s my money” that would help pay for such mailings.

The next China Planning Board meeting is scheduled for Tuesday evening, Jan. 24.

With the local marijuana referendum behind them – voters on Jan. 9 approved banning commercial non-medical marijuana businesses in town – and 2017-18 budget work not beginning until February, Vassalboro selectmen had a short and routine meeting Jan. 12.

Town Manager Mary Sabins has not forgotten the discussion of speeding through East Vassalboro on Route 32. She showed selectmen a solar assisted battery light borrowed from the state Department of Transportation and proposed buying two to go atop new warning signs at each end of the village.

Total cost for two lights and two signs would be less than $500, and, Sabins said, if the lights proved ineffective or annoying to neighbors, the town public works crew could use them to warn of construction work, downed trees and other temporary issues.

Selectmen unanimously approved. Because of Dig Safe requirements and frozen ground, the new warnings might not be installed until spring.

Board members renewed the agreement with Kennebec Water District for management of the China Lake Outlet Dam and approved a slightly revised contract with the town assessors and a minor revision to the town personnel policy.

They approved reports from Sabins on town finances; Road Commissioner Eugene Field, listing a lot of overtime plowing and sanding; new Police Chief Mark Brown; and the Vassalboro First Responders.

The First Responders’ report included concern about the high price of EpiPens, a tool members like to carry with them for immediate treatment of allergic reactions and similar conditions. They fear they will have to limit themselves to keeping an EpiPen in each Vassalboro fire station.

The next regular selectmen’s meeting is scheduled for Thursday evening, Jan. 26. Board members adjusted their February schedule to avoid meeting during school vacation week; at this point, they plan a meeting Thursday evening, Feb. 9; a budget workshop Monday afternoon, Feb. 13; and a meeting Thursday afternoon, March 2.