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From: Sosnaud, Jeff
Sent: Friday, March 26, 2004 4:25 PM
To: Cashman, Jack
Subject: FYI
Last month, SPO wanted to sign-off on a "SPO Guidance Document" that stated that local zoning ordinances, that are consistent with a state-approved comprehensive plan, trump state law. I argued against it, as did DOT, and SPO decided to shelve it for the time being. As the following excerpt from yesterday's BDN points out, shelving it was a good idea: -
Searsport may impose a moratorium to prohibit development on Sears Island for at least six months.
Selectmen say the moratorium, which would apply to marine districts, is necessary because of public concern that the Maine Department of Transportation, which owns the 940-acre island, may sell it to an energy company hoping to build a liquefied natural gas terminal there. The entire island is included in the town's marine district.
Selectmen will consider setting a special Town Meeting on the moratorium issue when they meet April 6. A proposal is being drafted by Town Attorney Peter Mason.
A moratorium must be enacted by a majority vote of residents. Mason says a moratorium affecting state-owned land is legal because, in his view, the state is not exempt from local ordinances.
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