Town of Lamoine, Maine
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Lamoine Planning Board Minutes
August 5, 2008
Board members present: Gordon Donaldson, Jim Gallagher, Melody Havey , John Holt, and Mike Jordan
CEO: Dennis Ford
Members of the public in attendance: David Grasso, Laurie Robertson, Andrew Muir,
Margaret Weare, Everett Weare, Harry Hamor, Beth Levesque, Lynda Tadema-Wielandt , Chris Tadema-Wielandt , Steven Joy, and Rebecca Joy
Raccoon Hollow Subdivision/Site Plan Review Applications – Rebecca & Steven Joy. Map 4 Lot 55-1
Board Vice-Chairperson G. Donaldson called the meeting to order at 6:30 p.m. and asked the applicants Rebecca and Steven Joy to present a brief summary of the proposal. R. Joy noted that what was being proposed was a 9-lot subdivision – 2 shore and 7 inland lots – to be located at the end of Pasture Way , along a road to be named Pasture Way Extension.
Donaldson then asked for public comment and questions. Everett Weare raised questions regarding a right-of way and location of the property boundary between the Weare property and that of the Joy's. Lines depicting the shared boundary and right-of-way as drawn on the proposed Raccoon Hollow subdivision map appear differently from the lines drawn on the map of the Saltwater Farm Subdivision developed by Joy and approved by the Planning Board on July 2, 2002.
David Grasso made several comments over the course of the hearing, including questioning the appropriateness of using an existing driveway from the Saltwater Farms Subdivision as part of the proposed Pasture Way Extension road. He noted as well that Pasture Way , as it currently exists, is deficient with regard to drainage and width.
Chris Tadema-Wielandt noted that the house built by Steven Joy on lot #9 in Saltwater Farms Subdivision was not properly sited on the lot; in fact, it is located mainly on land not in lot #9. He raised questions regarding restrictions which may apply in that the proposed subdivision has lots on Raccoon Cove which is a designated shorebird habitat.
Beth Levesque questioned the granting of a walking right-of way to someone not a lot owner and raised questions centered about the eagle's nest located on the Joy property near the subdivision. She also expressed concern about increased traffic on Pasture Way as a result of the proposed subdivision.
Andrew Muir asked if an ‘ancient' road named Pasture Way and found on maps in the late 1800's had been abandoned or was it still in existence.
The members of the Planning Board heard these and other comments from the public present and took them under advisement. The public hearing was closed at 7:48 p.m.
ACTION ON PUBLIC HEARING
It was moved, seconded and voted 5-0 to take up the applications.
Site Plan. The Board reviewed the 20 criteria for the Site Plan. Of the 20, 18 were approved by votes of 5-0 or were deemed to be not applicable to the application. The Board decided that two review standards were not met. 1. Preserve and enhance the landscape. Voted 0-4. Some restrictions to the development of lots 3 – 9, as noted in a letter from the US Department of the Interior, as referenced below, need to be placed on the map/plan. 2. Vehicular access. Voted 0-5. Existing Pasture Way , in as much as it is the access road to Pasture Way Extension, does not meet present road standards. Holt moved to approve the site Plan Application. Seconded by Havey. Motion defeated 0-5. Havey move to approve the application with the following conditions which must be met before a Site Plan Permit will be issued.
1. Restrictions listed for lots 3-7 and 8-9 as described in a letter from Lori Nordstrom of the US Department of the Interior to Steven Joy, dated July 21, 2008, regarding bald eagle protection shall be listed on the plan and shall be described fully in Section I.5.l. of the application for the site plan permit.
2. The existing Pasture Way shall be brought into compliance with the current subdivision road standards as described in the Lamoine Building and Land Use Ordinance prior to the sale of any lots in the Raccoon Hollow subdivision.
3. The plan for Salt Water Farms subdivision as approved by the Lamoine Planning Board on July 2, 2002, shall be amended to accurately reflect all changes and the revised plan shall be recorded in the Hancock Country Registry of Deeds. The plan for Raccoon Hollow subdivision shall also be changed to reflect any and all changes made to Salt Water Farms subdivision.
Gallagher second the motion. Voted 4-1.
Subdivision Plan. The Board reviewed the eight review criteria for the proposed subdivision. All criteria were found to be met, with 7 approved by votes of 5-0 and the 8 th found not applicable. Holt moved to approve the application. Jordan seconded. Havey moved to amend the motion by adding “all conditions required for Site Plan approval must be met prior to issuing the subdivision permit.” The ‘friendly' amendment was approved 5-0 and the original motion as amended was approved 5-0.
Consideration of the agenda items for the ‘regular' August meeting began at 9:00 p.m.
Election of Officers to serve through June 30, 2009.
Chair: Gordon Donaldson
Vice-chair: Melody Havey
Secretary: Michael Garrett
Minutes – The board unanimously approved the minutes of July 1, 2008 and July 14, 2008 with one minor correction (changing of the word “leech” to “leach”)
The Board noted with regret the resignation of Cece Ohmart from the Board.
Code Enforcement Officer's Report
Dennis informed the members of the Board of a workshop to be held at Reid State Park in Georgetown on September 3 designed to help persons learn more about such matters as wetlands, vernal pools, high water lines, etc. Members should speak with Dennis if inclined to attend.
Conservation Commission Report
The Conservation Commission is sponsoring a community potluck ‘dinner' to coincide with some star watching to be held August 20, 6:30 p.m. at Lamoine Beach .
Keene Gravel Permit Renewal
The Board voted 4-0 (moved Jordan, seconded Gallagher) to renew the gravel extraction permit for M. Keene, Map 4, Lot 41-A.
Wayne Wright Subdivision/Site Plan Appeal
Wright is appealing the Planning Board's denial on July 1, 2008 of his Subdivision/Site Plan. The Appeals Board will meet on Monday, August 11, to consider the appeal. Mike Jordan offered to represent the Planning Board at the August 11 meeting.
The Board will consider this at its September meeting.
Donaldson report the receipt of a letter from Ron Cyr, engineer working with the Lamoine State Park , seeking an advisory opinion about what the Board may require if a certain action were taken. After much discussion, the Board noted that no formal proposal has come to the Board and it was therefore reluctant to issue an opinion regarding a specific item until a full proposal was available to be considered.
Notes by John Holt, Secretary pro tem