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LAMOINE PLANNING BOARD MINUTES

June 5, 2007

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

PUBLIC HEARING

Bangor Hydro Electric Site Plan Review and Commercial Building permit for Transmission Line Project. S. Branch called the Public Hearing to order at 6:38pm. S. Sloan and L. Martin explained the project to those present. The Board reiterated its position that because Bangor Hydro has altered existing subdivision approval conditions (by adding transmission lines to several lots), they must either abandon the subdivision as approved or seek amendment to it if future development is proposed.

The public Hearing was closed at 7:00pm.

Chairman S. Branch called the monthly meeting to order at 7:00pm.

Members of the Pubic in Attendance: K. Barbee, B. Berry, K. DeFusco, J. Fowler, D. Henry (9:20pm), J. Holt, C. Johnson, B. Jones, J. Kiser, S. Marckoon, L. Martin, J. McCormack, N. Musson, J. Pohlman, T. Ring ,S. Sloan, B. Watts

Minutes, May 1, 2007. The minutes of May 1, 2007 were accepted as presented.

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

OLD BUSINESS

•  Bangor Hydro Electric Transmission line project. The Board considered Site Plan review criteria and found them to have been met. On a motion of M. Havey, seconded by C. Ohmart, the Board unanimously voted to grant a Site Plan Review permit. The Board then considered Commercial Building permit standards and found them to have been met. On motion of M. Garrett, seconded by C. Ohmart, the Board voted unanimously to grant a Commercial Building permit.

•  Site Plan Review pre-application – Sno Drum LLC. Map 3, Lot 27. M. Garrett moved and C. Ohmart seconded a motion to find the Site Plan review pre-application complete. NOTE: The words “at this time” are to be stricken from the project description... The vote was unanimous. Still needed are complete Site Plan Review and Subdivision applications; the location of lot owner mailboxes; and provision to prevent accumulated snow from obstructing the line of sight at the subdivision's entrance.

An on-site visit is scheduled for 4:30pm on Wednesday, June 27, 2007

•  Site Plan and Subdivision Applications Completeness review – K & T Rentals. Map 8, Lot 12-A

•  Site Plan pre- application. Following a review of the criteria, M. Garrett moved and C. Ohmart seconded a unanimously passed motion to find the pre-application complete with two conditions. The conditions are:

(1)  The application lists the project as being only in the Shoreland Zone. The application needs to state the project falls ALSO within a rural/agricultural zone.

(2) One or more letters need to be filed attesting to the criteria listed in Section I-4e of the Site Plan Review Ordinance. This section states:

“The location of open drainage courses (streams and springs), wetlands, stonewalls, graveyards, fences, stand of trees and other important or unique natural areas and site features including but not limited to floodplains, deer wintering areas, significant wildlife habitats, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, sand an gravel aquifers and historic and/or archaeological resources, together with a description of such features.”

•  Subdivision Application Completeness Review. Upon motion of M. Garrett, seconded by M. Havey, the Board unanimously approved the application as being complete subject to these listed conditions.

  1. On the mylar there needs to be a covenant stating lot owners are responsible for property taxes on the subdivision's common lots.
  2. The Board seeks a copy of the conditions to be agreed upon by the lot owners Association.
  3. The Board requires an easement for Fire Department access to the fire water tank.

The Board will consider a Site Plan Review application for completeness at the July 3, 2007 meeting.

4. Site Plan pre Application/Subdivision – C. Johnson, JWJ LLC Map 4, Lot 6. The record reflects that M. Havey recused herself (see Board minutes of May 1, 2007) from voting on the proposal. J. Gallagher voted in her stead. G. Donaldson moved, seconded by J. Gallagher to accept the application as complete with these listed conditions.

A site visit is scheduled for 5:30pm on Wednesday, June 27, 2007

NEW BUSINESS

Communication from D. & M. Henry. The communication proposes a possible “recovery home” for women recovering from alcohol/substance abuse. D. Henry met with the Board to discuss how and where this proposal “fits” in the Town's ordinances. The Board encourages the Henrys to examine the ordinances to find sections of them that apply to the project.

Site Plan Review pre-Application. Town of Lamoine , Salt/Sand Shed. Map 3, Lot 1. J. Kiser and S. Marckoon presented the proposal. The Board concluded the project is subject to both the Building and Land Use and Site Plan ordinances. On motion of M. Garrett, seconded by G. Donaldson, the Board Unanimous concurred this project is a public building , subject to Line 3 of the BLUO's Table of Lands Uses.

M. Havey moved and C. Ohmart seconded a motion to accept the pre-application with these listed conditions:

  1. The fire hydrant near the project needs to be shown on the map.
  2. The road width and Right(s) of Way need to be designated
  3. One or more letters attesting to the criteria (see item 3, (2) in Old Business above) features listed in the Site Plan Review Ordinance in section I-4e.

A site visit is scheduled for 4:00pm on Wednesday, June 27th 

OTHER PUBLIC BUSINESS

J. Fowler spoke of conditions at the goat farm -- infringement on a setback, destruction of trees and the possibility of manure being deposited too close to the shore. The Board requested that the CEO “research” the goat farm's permit – specifically the conditions listed thereon. The Board further requests the CEO make this information, along with any complaints filed, available to the Board at its July 3, 2007 meeting.

ORDINANCE DEVELOPMENT

S. Branch would like to schedule a workshop to sort out the “overlap” (confusion?) between some provisions of the Building and Land Use Ordinance's subdivision provisions and those of the Site Plan Review Ordinance. G. Donaldson volunteered to “work up” a list of overlapping, confusing provisions and present them to the Board. Upon receipt of them, the Board will schedule a workshop.

The meeting adjourned at 10:04pm.

Respectfully submitted,

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Wednesday, June 27, 2007. Site VISITS:

Tuesday, July 3, 2007. July Board meeting. 7:00pm Town Hall.