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Lamoine Planning Board Minutes

July 31, 2007

PUBLIC HEARINGS

•  Subdivision, Site Plan Review, K & T Rentals. Map 8, Lot 12A. The hearing opened at 6:30 pm. K. Barbee and T. Ring presented a summary of the subdivision proposal. Questions about common land and fire protection were raised and answered. The hearing closed at 6:40 pm.

•  Subdivision, Site Plan Review, JWJLLC, Map 4 Lot 6. The hearing opened at 6:41 pm. C. Johnson and B. Jones explained the proposal and fielded questions. Questions were raised about wetlands, the flow of surface water and the source of domestic water. C. Korty raised the issue of open space requirements for contiguous subdivisions. The Board is of the opinion open space requirements can be applied to contiguous subdivisions IF and only IF ownership of both is held by the same entity. The requirements cannot presently be applied if ownership of the two subdivisions resides with different entities. The hearing closed at 7:07 pm.

•  Site Plan Review, Municipal Building Permit, Town of Lamoine . Map 3, Lot 2. A Salt and Sand Shed. The hearing opened at 7:08 pm. J. Kiser presented the proposal. Concern was heard regarding salt being placed over the Aquifer, even though being placed on an impermeable pad. An operations manual governing this issue and others will soon be presented to the Town of Lamoine , providing guidelines for various related activities required by a salt/sand operation. The hearing was closed at 7:29 pm.

MONTHLY MEETING

Chairman C. Branch called the meeting to order at 7:30 pm.

Board Members Present : S. Branch, G. Donaldson, J. Gallagher, M. Garrett, M. Havey. M. Jordan and C. Ohmart.

Members of the Public in Attendance : L. Ahlblad, K. Barbee, B. Berry, B. Brooks, K. Burris, J. Cooper, K. DeFusco, C. Donaldson, J. Fowler, H. Hamor, C. Johnson, B. Jones, Mr/Mrs J. Karst, J. Kiser, C. Korty, S. Marckoon, J. McCormack, M. McFarland, R. McMullen, S. McMullen, C. Reynolds, C. Tadema-Wielandt, M. Weber, L. Weston, C. Zdziarski

Minutes of July 3, 2007. The minutes were accepted as corrected. The correction dealt with an erroneous statement indicating the Board would accept a mylar for the JWJLLC subdivision with a scale of one foot equals one hundred feet. The statement should read one inch equals one hundred feet.

CEO Reports. The Goat Farm/J. Fowler “dispute” flared anew. Charged to produce a copy of a ten year old letter from the State Department of Agriculture regarding drainage issues, Ms. Brooks was unable to do so. She wishes the record to reflect she called Mr. Howel of the Department of Agriculture on two different occasions requesting said letter. Her calls were not returned. G. Donaldson holds the Planning Board does (or should) have some role in dealing with agricultural issues which negatively impact abutters.

D. Ford was instructed to set up an on site meeting with a representative from the State Department of Agriculture. All interested parties should attend this meeting if possible.

The CEO reports were accepted and placed on file.

OLD BUSINESS

•  Final Approval Action- Subdivision & Site Plan Applications, K & T Rentals, Map 8, Lot 12-A

•  C. Ohmart moved and J. Gallagher seconded a motion to approve the subdivision application findings. The vote was unanimous.

•  M. Garrett moved and J. Gallagher seconded a motion to approve the Site Plan application findings. The vote was unanimous.

•  Final Approval Action: Subdivision & Site Plan Review, JWJLLC, Map 4, Lot 6.

•  M. Garrett moved and J. Gallagher seconded a motion to approve the findings. G. Donaldson made a motion seconded by M. Garrett to add a condition requiring the driveways for lots 2 & 3 to exit onto the subdivision road, NOT onto Walker Road . The motion failed by a 2 – 3 vote. The motion for final approval was unanimous.

•  J. Gallagher move and C. Ohmart seconded a motion to approve the Site Plan application findings. The vote was unanimous.

•  Final Approval Action – Site Plan Review & Municipal Building Permit. The Sand/Salt Shed. Map 3, Lot 2. M. Garrett made a motion, seconded by C. Ohmart, to waive a permit fee. The rationale is that this is a public structure being used for public purpose. Why charge the public governing body a fee? Further, the Code Enforcement Officer spent no time on the project during the permitting process. The motion's vote was unanimous.

•  M. Garrett moved and G. Donaldson seconded a motion to approve the Site Plan Review findings. The vote was unanimous.

•  G. Donaldson moved and C. Ohmart seconded a motion to approve the Municipal Building Permit findings. The vote was unanimous.

•  Update, Sno-Drum LLC Subdivision, Site Plan Map 3, Lot 27. No representative of Sno Drum was present. However, S. Branch held a discussion with a traffic engineer who suggested a template of different sized vehicles making turns into and out of the subdivision could be useful to the Board's deliberations.

•  Commercial Building , B. Brooks/L.Alhblad. Map 4, Lot 24. C. Ohmart moved and M. Garrett seconded a motion to find the application complete. G. Donaldson requested one condition, that being the (presumed) new location of a to-be-moved utility pole be placed on the map. The motion passed unanimously. A Pubic Hearing will be held at the Board's September 11, 2007 meeting commencing at 6:30 pm.

NEW BUSINESS

Site Plan Review Preapplication (Garage). S & R. McMullen. Map 4 Lot 21-A. R. McMillan proposes to build a house for residential use over a garage in which will be performed maintenance functions for his landscaping business. Permitting the house is not an issue. The issue is whether use of the garage constitutes a Home Occupation or a Commercial Use. Initially, the Board voted (4 in favor, 1 opposed) to consider it a Home Occupation. Further discussion led to the conclusion R. McMillan would do well to take some time deciding whether it is in HIS interest to settle for the more restrictive Home Occupation permit, or seek a Commercial one. The above vote was rescinded. R. McMullen will decide which permit to seek.

Meanwhile, the Board reviewed the Site Plan Review pre application. Four conditions were imposed. On motion of M. Garrett, seconded by J. Gallagher, the pre application was deemed complete pending satisfaction of these listed conditions:

  1. The mailing addresses of all property owners within 500 feet of the property line(s) needs to be submitted.
  2. The “zone” needs to be stated as rural/agricultural.
  3. The driveway and the width of the driveway need to be shown on the map.
  4. Items to be stored (mulch, loam, etc.) need to be listed and storage locations noted on the map.

The motion with these conditions passed unanimously. A Site visit is scheduled for Wednesday, August 8, 2007 at 4:30 pm. Interested parties are to convene on the Site.

OTHER BUSINESS

G. Donaldson presented his effort to compare the Subdivision and Site Plan Review processes. A complex and prodigious effort it is. The ultimate objective is to simplify the permitting process for applicants. At some point in the near future, the Board will hold a workshop to “tackle” this item and others in the Building and Land Use Ordinance.

The meeting adjourned at 10:30 pm.

Respectfully submitted

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Wednesday, August 8, 2007. Site visit to R. McMullen's – Map 4, Lot 21-A. Meet on site.

Tuesday, September 11, 2007. Monthly meeting PRECEDED by a Public Hearing (Goat Farm). Hearing begins a 6:30pm; the meeting at 7:00 pm.