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Lamoine Planning Board

Minutes of January 8, 2008

PUBLIC HEARING

Sno-Drum LLC Subdivision and Site Plan Review Applications – Map 3, Lot 27

Board Members Present: S. Branch. G. Donaldson, M. Garrett, M. Havey, M. Jordan
Members of the Public in Attendance: B . Carter, G. Carter, R. Cyr, J. Holt, M. Leighton, S. Marckoon,
J. McCormack, N. Musson, C. Weber

Chairman Branch opened the hearing at 6:30 pm. J. McCormack presented an overview of the proposal. The floor was then opened for comment. There were several:

J. Holt, speaking with written authorization on behalf of J. Pohlman, stated she is concerned that the proximity of two of her abutting boundary lines pose a threat that rain and snow melt run off from the project might infest her septic and/or water systems. She also laments the infringement the development poses for the historic pastoral nature of the area.

J. Holt, speaking for himself, presented the results of his title research of the property. He feels the original deeded begetting of the land leaves open the possibility that one acre of shore property was never deeded after passing to inheriting brothers and that the inheriting brothers might still have a claim on that acre. The Board noted his concerns but has no jurisdiction in the matter.

J. Holt also expressed serious reservations about safety, what with the curb cut being only forty feet from a major intersection with Route #184.

C. Weber, the North side abutter and observer of traffic patterns in the area, also went strongly on record as being concerned about the safety of the location of the subdivision's curb cut. He further stated that Sno-Drum was likely aware from the outset about safety concerns, having explored land swaps and easements with abutters on the South and North sides of the project with an eye to reconfiguring access to the project. For a variety of reasons, these efforts came to naught.

B. Carter, representing Sno-Drum, responded to C. Weber's comment about money for the project “coming from away.” His comment was” “While the money comes from away, the labor comes from here.”

N. Musson ended the public hearing by reviewing Sno-Drum's efforts to meet the numerous safety concerns expressed over the year-and-a-half the project has been before the Board.

On motion of M. Havey, seconded by M. Garrett, the public hearing was closed at 7:29 pm.

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

Minutes: The minutes of the December 4, 2007 meeting were accepted as read.

CEO Reports: The permits issued and enforcement issues and action reports were accepted and placed on file. R. Cyr, of the Maine Bureau of Parks and Lands, presented plans to build a picnic pavilion and attendant parking lot, gray water and sewerage disposal facilities. The Board determined the Bureau will need to submit Site Plan Review and Floodplain applications in order to proceed with the project.

OLD BUSINESS

  1. 1. Action of the Sno-Drum LLC Site Plan Review and Subdivision applications on which a Public Hearing was earlier held. The Board reviewed the review criteria for both applications. Both applications were rejected solely because of concerns that the subdivision's entrance and egress onto Shore Road and the proximity of that entrance and egress to its intersect with Rt. 184 would create a dangerous – indeed potentially lethal – intersection.
    1. Subdivision application. M. Garrett moved and G. Donaldson seconded a motion to approve the subdivision application. The vote was 0 in favor; 5 opposed. Opposition is rooted in Section 12 F 2 c of the Subdivision Ordinance and will be developed in detail in the Board's official “findings”.
    2. Site Plan Review application. M. Garrett moved and G. Donaldson seconded a motion to approve the Site Plan Review application. The vote was 0 in favor; 5 opposed. Opposition is rooted primarily in Section J 3 b 1 of the Site Plan Ordinance and will be developed in detail in the Board's official “findings”.
  2. Noise Readings – the Grinding of Gott's stored stumps. M. Jordan, deputy CEO, was present (as required by the original permit) to take decibel readings of the initial outing of the Gott stump grinding operation. From many angles and distances, he found the sound levels to be well within the limits specified by Ordinance. The Board complimented him on the thoroughness of his report.
  3. Gravel Pit Renewals. With intent to site visit gravel pits in weather suitable for assessing restoration, the Board voted to grant nine month “extensions” to the following gravel pits.

H. MacQuinn – Map 9, Lot 13; Map 20, Lot 12; Map 7, Lot 7; Map 7, Lot 9; Map 3, Lot 42; Map 3, Lots 31 & 33.

RF Jordan – Map 3, Lot 4.

The Board requested that M. Jordan and S. Marckoon develop a site visit schedule in April. Following site visits, the Board will either accept information submitted as complete and satisfactory OR will add conditions to be met before further permit extension. Once applications are deemed complete, the permits will be extended for two years and three months, dating back from the 2007 expiration date of the original permits.

G. Donaldson moved nine month extension approval. M. Garrett seconded. The vote was unanimous.

NEW BUSINESS

The Selectmen request a meeting with the Planning Board to discuss the process for processing ordinance violation complaints. S. Branch, M. Garrett and M. Jordan will attend the January 10 th Selectmen's meeting.

PENDING COMMITMENTS

 February 5, 2008. The February meeting will commence at 6:30pm to (hopefully) allow time at meeting's end to discuss how best to approach the need for ordinance revisions. Meet at the Town Hall

March 4, 2008. At 6:30 pm the Board will hold a public hearing on State required amendments to the Shoreland Zoning Ordinance. The monthly meeting will begin at 7:00 pm at the Town Hall.

Meeting adjourned at 9:42 pm. Respectfully submitted,

Michael F. Garrett, Secretary