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Board of Appeals

Minutes - March 26, 2018


BOA members present:  Griff Fenton, Jon VanAmringe, Jay Fowler, Connie Bender


Alternate BOA member present:  Michael Jordan


Counsel for BOA: Diane O’Connell


Other attendees: Paul MacQuinn, Michael Deyling, Edmond Bearor. Katie Foster, Daniel Pileggi, Don Bamman, Dr. and Mrs. Harold Borns, Glenn Manring, Valerie Sprague, Catherine de Tuede, John Holt, John Steed, Chris Tadema-Wielandt, Linda Tadema-Wielandt, Kathryn Gaianguest, Antonio Blasi


Meeting was called to order at 6:31 PM


Minutes for Feb 12, 2018 were received just prior to the meeting. The BOA voted to take them up at March 28, 2018 meeting        Vote was 5-0


Mr. Fenton, Mr. VanAmringe, Mr. Fowler, Ms. Bender and Mr. Jordan will be participating in the Harold MacQuinn, Inc. appeal.


Mr. VanAmringe handed out and briefly discussed what he handed out. The information contained information about the Friends of Lamoine (FOL) status with both the State of Maine and the IRS. They are registered with the State of Maine as a Nonprofit Corporation until Title 13-B and with the IRS as a 501[c][4] organization.


Chairman Fenton went over how the appeal will be carried out.  The following have standing in this appeal and can be heard in this appeal.  Harold MacQuinn, Inc. (represented by Mr. Bearor) will start followed by the Lamoine Planning Board (LPB) (represented by Mr. Pileggi), FOL (represented by Mr. Steed), Cold Water Spring Company (CWSC)(represented by John Holt), Tweedie Trust (represented by Catherine de Tuede). Once a person gives testimony, someone with standing may ask questions.


The BOA determined that we would start with the denial of the gravel pit permit.  This appeal will be heard as a de novo appeal.


The Gravel pit permit was denied on two sections of the Lamoine Gravel Pit Ordinance. Section 7.D.3 - Water Pollution and Section 7.D.6 – Adverse Effect. The BOA asked Harold MacQuinn, Inc. to start testimony that related to Section 7.D.3.


Mr. Bearor asked Mr. Deyling to give a presentation on the hydrogeology and geology of the site and how this project would not affect CWSC.


Mr. Pileggi stated that written testimony has been provided that covers the LPB case.


Mr. Holt started his testimony. A few minutes into his testimony the recording of the meeting stopped (8:30 PM). All parties agreed that we should postpone the meeting until March 28, 2018 to continue and that Mr. Holt would be allowed to start his testimony over. Mr. Steed brought up that Dr. Borns was here to give a presentation and that he could not make it on the 28th. All parties agreed to let Dr. Borns present his presentation even though it would not be recorded.


Dr. Borns gave a presentation on how Cousin’s Hill was formed during the last Ice Age when Lamoine was under ice. The Harold MacQuinn, Inc. gravel pit is part of Cousin’s Hill and this permit would remove a little bit more of it.


A full transcript of Dr. Borns testimony has been attached to these minutes.


The BOA at 9:10 voted to continue the meeting on March 28 at 6:30 PM.       Vote was 5-0