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Lamoine Planning Board

Minutes of June 3, 2008 (Approved as corrected 7/1/08)

Chairman Branch called the meeting to order at 7:02 pm.

Board Members Present: S. Branch, J. Gallagher, M. Garrett, M. Havey, M. Jordan

Members of the Public in Attendance: R. Cyr, K. DeFusco, J. Holt, S. Joy, R. Joy, J. McIntosh, T. Ring, S. Roberge, S. Salsbury, C. Tadema-Wielandt, J. Tower.

Minutes, May 6, 2008. The minutes of May 6, 2008 were accepted as presented

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

OLD BUSINESS

1.Site Plan Review/Shoreland Zoning – Lamoine State Park – Map 13, Lot 45. Two projects – one a vehicular dump station; a second, a Group Use Shelter – were explained by project engineer S. Roberge.

Site Plan Review. Following a review of criteria, M. Garrett moved to find the review complete. The motion was seconded by J. Gallagher and passed unanimously

Shoreland Zoning Review. Following a discussion of relevant information, M. Garrett moved to find information provided to be complete with one condition. M. Jordan seconded the motion which passed unanimously. The condition is the need for the developer to supply a letter from a registered engineer attesting to the placement of markers indicating the location of the 100 foot setback from normal high water mark.

A public hearing is scheduled for 6:30 pm on July 1, 2008 at the Town Hall.

2. Subdivision application – S. & R. Joy. Map 4, Lott 55-1. As a consequence of an active eagle's nest on the proposed development land, the developer has reduced the number of project lots from eleven to nine. A number of conditions need to be met before this application is deemed complete. On motion of M. Garrett, seconded by J. Gallagher, the Board unanimously approved the completeness of the application once all listed conditions are met. The conditions are:

  1. There needs to be a statement on the map indicating: “Remaining lands belonging to Steve and Athanasia Joy are not to be developed without Planning Board approval.”
  2. The names and addresses of owners of abutting properties and location of their abutting properties, indicating structures within 200 feet of the common boundary need to be provided
  3. A map showing a cross section of proposed road and existing and proposed drainage must be provided.
  4. A State of Maine registered civil engineer needs to attest there is sufficient water to serve individual wells.
  5. Written approval by the State of Maine Department of Environmental Protection needs to be provided to the Board.

The developer was informed that IF a completed Site Plan Pre application AND a completed Site Plan application are presented to the Board on July 1, 2008, the Board will consider both together, sparing the developer a one month delay.

A Site Visit is scheduled for Sunday, June 15, 2008 at 9:00 am. Meet on the site.

3. Subdivision & Site Plan Applications. Wayne Wright – Map 4 Lot 34. To avoid further debate about the number of subdivision lots being proposed, the owner has agreed to propose 11 lots and to set aside 7 acres (40 percent of the project's 17.21 acres) to meet the “common area' requirements of the Subdivision Ordinance.

Subdivision application. M. Garrett moved and J. Gallagher seconded a motion to accept the application as complete with one listed condition. S. Salsbury will check to see if there are any structures within 200 feet of a common boundary. If there are, they will be added to the map. The vote was unanimous.

Site Plan Review application . M. Garrett moved and J. Gallagher seconded a motion to find the application complete without condition. The vote was 5 for; none against.

A public hearing is schedule for 6:45 pm on July 1, 2008 at the Town Hall.

 

4.  Gravel Extraction Permits – J. Goodwin, Map 1- Lot75; Map 4, Lot 41-1A

Map 1, Lot 75. M. Havey moved that: Restoration areas shown on the permit application will be 85% successfully restored by the time the permit expires, failing which additional restoration will be performed. The motion passed 4 – 1, M. Jordan voting to oppose. A discussion ensued centering on the practicality of requiring a pit operator to guarantee restoration of areas depicted on a permit application as opposed to guaranteeing restoration once it is done. M. Havey moved to rescind her previous motion – this motion passing unanimously. The Board then voted to attach this listed condition:

•  From the date of final restoration, John Goodwin, Jr. guarantees at least 85 percent of restored vegetation will be alive and well in two years, failing which additional restoration will be performed.

On motion of M. Garrett, seconded by M. Havey, the application was approved with the condition. The vote was 5 – 0

Map 4, Lot 41-1A. M. Garrett moved and J. Gallagher seconded a motion to approve the application with the same condition as that attached to Map 1, Lot 75 above. The motion passed unanimously.

Because of a late filing by J. Goodwin, these permits were “extended” for seven months – from November, 2007 until June, 2008. It should be noted the expiration date of the two “new” permits date to the expiration of the old, extended permits. That is, both permits expire in November, 2010. 

NEW BUSINESS

1.  Gravel Extraction Permit Renewals. Doug Gott & Sons, Inc. Map 1, Lot 67-1 & Lot70; Map 4, Lots 11, 16. M. Garrett made three separate motions to approve each of three applications (Map 67-1; Map 1, Lot 70; Map 4, Lots 16 & 11) complete with a single condition. The names and address of abutters to the North and West need to be added to the map. J. Gallagher seconded the three motions all of which passed unanimously.

A site visit is scheduled for Saturday, June 21, 2008. Board members convene at the Town Hall at 7:00 am.

J. Holt, representing the Cold Spring Water Company, spoke of his concern that an open well head, vandalism and strewn trash on Map 4, Lot 11 potentially threaten the integrity of Cold Spring water. Since the well is no longer used, S. Salsbury said it could be cut down and covered. As for vandalism and trash, M. Jordan and S. Salsbury (representing D. Gott) were asked to look at the site and finds way to mitigate the threat.

2. Gravel Extraction Permit Renewal, R. F. Jordan, Map 4, Lot 8. The application indicates NO gravel has been extracted from this pit for the past three years. The Lamoine Gravel Ordinance states if less than 200 cubic yards of gravel is removed in a consecutive twelve month period, the pit is determined to be discontinued. However, it is not R.F. Jordan's intent to discontinue the pit. M. Havey moved to table the discussion – a motion seconded by M. Garrett. Upon further consideration, the Board decided to visit the site and resolve the “discontinued” issue later. Accordingly, the motion was defeated 5 votes against; 0 in favor.

A site visit was scheduled for Saturday, June 21, 2008. Board members convene at the Town Hall at 7:00 am.

3.  Subdivision Alteration – minor. T. Ring, Map 8, Lot 12A. T. Ring is considering adding a six foot right of way for water access for three lots in an approved subdivision. Since access to the water is the aim, it is conceivable a path to the water might be created. And therein lies a rub. IF a pathway is sought, a permit from the CEO is required. And said path must be six feet in width, “meander” so there is no clear line of sight to the water and must be constituted of permeable ground covering which follows the contour of the land.

4.  Subdivision pre-Application, T. Ring Map 5, Lot 14A. T. Ring proposes to add, according to his calculation, an eleven lot subdivision adjacent to an eight lot subdivision approved five years ago. The plan indicates T. Ring will keep 7.4 acres as “remaining land”. The Board contends this “remaining land” constitutes a 12 th lot. T. Ring does not agree. Both the Board and T. Ring will bring support for their respective position to the July meeting. M Garrett moved, and S. Branch seconded a motion to accept the pre-application as complete. The vote was unanimous.

The meeting adjourned at 10:47 pm.

PENDING COMMITMENTS 

Sunday, June 15, 2008. On Site visit – Raccoon Hollow. 9:00 am. Meet on Site.

Wednesday, June 18, 2008. Ordinance Workshop, 6:30 pm. Town Hall

Saturday, June 21, 2008. On site visit to 4 gravel pits (three Gott's; One RF Jordan). Meet at the Town Hall at 7:00am

Tuesday, July 1, 2008. Public Hearing. Lamoine State Park Projects. 6:30 pm. Town Hall

Tuesday, July 1, 2008. Public Hearing. Wayne Wright Subdivision, 6:45 pm/ Tow Hall

Tuesday, July 1, 2008. Monthly meeting. 7:00 pm. Town Hall