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Lamoine Planning Board Minutes

January 2, 2007

Public Hearing called to order by S. Branch at 6:50pm .

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

CEO: D. Ford

Members of the Public in Attendance: B. Davis, K. DeFusco, M. Hamby, G. Haass, C. Korty, L. Kowalub, S. Marckoon, S. Salsbury, W. Wright. Note: All named were present for both the public hearing and the monthly meeting.

Public Hearing

Public Hearing – Wayne Wright/SteveSalisbury Subdivision Application Map 4, Lot 34. The Public Hearing was called to order by S. Branch at 6:50pm . S. Salsbury explained the layout of the Partridge Cove Road Estates subdivision proposal. There being no active audience participation, the hearing was closed at 7:02 pm

Monthly Meeting

Chairman Branch called the meeting to order at 7:05 pm .

Minutes: The minutes of December 5, 2006 were accepted as presented.

CEO Reports: The reports were accepted and placed on file.

Conservation Commission: C. Korty reported on the relocation of the proposed Bangor Hydro power line designed to augment power on Mt. Dessert Island . Originally the line was to extend over a portion of Lamoine's Aquifer. The concern is the potential effect of brush clearing chemicals to be used over the aquifer. The most recent proposed line has been relocated in such a way it barely skirts the aquifer. Still the concern. A vigil is warranted.

FEMA – The Board received information that FEMA is re-doing the County Flood Map. We anxiously await the results.

BUSINESS

1. Subdivision Application – Wright/Salsbury, Map 4, Lot 34 upon which a public hearing was held. A stated purpose of the proposed subdivision is to allow the construction of single family AND multi family homes. (Lamoine Ordinances define multi family homes as three or more dwellings.). G. Donaldson pointed out that it is NOT the number of lots created (in this case eight), but the number of (potential) DWELLING units which trigger open space required for developments with eleven or more units. Considerable discussion surrounded this point. W. Wright consented to remove all reference to Multi family homes in the application.

That done the Board, on motion of G. Donaldson, seconded by C. Ohmart voted unanimously to approve subdivision application with two conditions:

a. All references to construction of multi family units are to be removed from the application.

b. The developer is required to submit a map showing that EACH lot contains at least 40,000 square feet of buildable land which may include setbacks.

Site Plan Review - Wright/Salsbury, Map 4, Lot 34. The amount of land devoted to the subdivision road is sufficiently large to necessitate a Site Plan Review. The subdivision proposes direct lot-by-lot access of three or more lots to an existing public road. The Site Plan Ordinance states (Section J. 3. b.12): “Where a proposed development involves the division of a tract or parcel of land into 3 or more lots within any 5-year period … the following provisions shall apply. Direct lot-by-lot access to the existing public road is prohibited.”

The Ordinance further states that: “Direct access to any individual lot … shall be prohibited unless the Planning Board determines that physical conditions particular to the parcel justify the granting of a waiver from this requirement.”

On motion of M. Jordan, seconded by C. Ohmart the Board voted ( 4-0 ) to grant the waiver. Specifically the waiver (J.3.b.12.a) reads: “A wavier may be granted only if there will be no further subdivision of the parcel and the shape or physical condition of the parcel does not permit access to a street other than the public road, nor the creation of a service/frontage road to all that access.”

A mylar is to be signed at 6:45 pm on Janaury 24 th preceding a Public Hearing on the SZO.

2. Gravel Extraction Permit Renewals – D. Gott & Sons, Inc – Map 3, lots 2, 2-1, 6, Map 7 Lot 9. After reviewing the Ordinance standards for renewal, C. Ohmart moved and M. Jordan seconded a motion to grant renewal permits with one condition.

The first 100 Feet of Map 3, Lot 6 are to be paved by July 15, 2007

The motion passed 4-0.

NEW BUSINESS

The Board received a copy of a DEP emission's license for a Gott grinding operation. Information only

OTHER

The Board discussed procedures for the Shoreland Zoning Ordinance Public Hearing on January 24, 2007 . M. Havey will write a notification letter for distribution to Shoreland property owners. Other members of the Board are requested to help “stuff” the letters into envelopes at the appropriate time.

PENDING COMMITMENTS

Wednesday, January 24, 2007 . Public Hearing, Shoreland Zoning Ordinance. Board to convene at 6:30 pm for organization AND a mylar signing – Wright/Salsbury subdivision.

Tuesday, February 6, 2007 . Monthly meeting. 7:00 pm. Town Hall.