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MINUTES OF THE Lamoine Planning Board

September 2, 2008

Chairman G. Donaldson called the meeting to order at 7:00 pm.

Board Members Present: G. Donaldson, J. Gallagher, M. Garrett, J. Holt, M. Jordan

CEO: D. Ford

Members of the Public in Attendance : R. Cousins, K. Graham, R. Joy, S. Joy, S. Marckoon (8:20pm), P. Roy, S. Salsbury, K. Willard

Minutes of the Planning Board Meeting, August 5, 2008. Minutes were accepted as presented with thanks J. Holt for recording them

CEO Reports The reports were accepted and placed on file.

OLD BUSINESS 

1. R. & S. Joy Subdivision Conditions, Map 4, Lot 55-1; Map 4, Lot 46 Revision. The Board had listed three conditions to be met before final approval of the subdivision. These conditions and Board action on these conditions are:

•  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 S. Joy, dated July 21, 2008 regarding bald eagle protection shall be listed on the plan and shall be described fully in Section I51 of the Site Plan Application. M. Garrett moved and M. Jordan seconded a motion to accept information supplied by S. Joy as meeting this condition. The vote to approve was 5 – 0.

•  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. A statement to this effect will appear on the plan's Mylar. J. Holt moved and M. Garrett seconded a motion to acknowledge this requirement has been met. The vote to approve was 5 – 0.

•  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 County Registry of Deeds. The plan for Raccoon Hollow subdivision shall also be changed to reflect any and all changes made to the Salt Water Farms subdivision. M. Garrett moved and M. Jordan seconded a motion to acknowledge this condition has been met. The vote to approve was 5 – 0.

2. Gravel Pit Renewal Request – RF Jordan, Map 4, Lot 8. The permit for this pit expired on March 31, 2008. The application for permit renewal indicated no gravel was extracted from this pit in the previous three years. The Lamoine Gravel Ordinance states 200 yards of material must be taken each year for the pit to remain “active” and be eligible for renewal. There was some discussion as to whether this extraction provision was intended only for pits nearing or at the end of their productive life. The ordinance does not make this distinction. M. Garrett made a motion to consider the pit a discontinued pit in need of a “new pit” application. The motion was seconded by J. Gallagher. The vote was 3 in favor; 1 opposed; and 1 abstention.

3. Timothy Ring Subdivision, Map 5, Lot 14A. The original plan has been reconfigured so that Lots 12 & 14 now have at least 200 feet of road frontage. In the process of reconfiguration, one lot has been deleted from the original plan.

Site Plan Review Application During a review of subdivision standards, the Board found three standards do not meet ordinance specifications. Three conditions were attached to approval of the subdivision application. They are:

•  Section 12, I 4 c. A letter from a knowledgeable source testifying there exists no “habitat for rare and endangered plants and animals, unique natural communities and natural areas” in the proposed subdivision.

•  Section 12, I 4 g. The direction of existing surface water drainage across the site needs to be shown on the map.

•  Section 12 I 5 L. This standard will be met by the letter required in condition ‘a' above.

Subdivision Application. The Board found all review criteria for this application have been met.

M. Garrett moved and J. Gallagher seconded a motion to find the Site Plan Review application complete with the three listed conditions and the Subdivision application complete without conditions. The vote for both was 5 in favor; none opposed.

A public hearing is scheduled for October 7, 2008 at the Town Hall at 6:30 pm.

4 Appeals Board – Wright Subdivision – Stipulations for meeting on September 8, 2008. M. Garrett moved and M. Jordan seconded a motion to approve “stipulations” drafted for the appeal by S. Marckoon. The motion passed unanimously.

NEW BUSINESS 

  1. Home Occupation Request – Kelli Willard – Day Care – Map 3, Lot 45. On motion of M. Jordan, seconded by M. Garrett the Board voted to approve the application with one condition. K. Willard is to inform abutting neighbors (including one or more across the street) of her intention to establish a day card. The vote was unanimous.
  2. Home Occupation Request – Jodi Perry, Day Care, Map 4, Lot 46-A. With no one in attendance to explain details of this request, the Board took no action.

OLD BUSINESS CONTINUED 

Correspondence from State Parks and Land. R. Cyr of the State Department of Conservation requested assurance from the Board that the hydrological study stipulated by the Board for the project be dropped if the effluent from a proposed dump station were directed outside the Shoreland Zone. Following discussion the Board concluded it is unwilling to render an opinion on hypotheticals, requiring instead a specific proposal upon which to act. M. Garrett was instructed to respond to R. Cyr's letter, encouraging the Department, without undertaking a hydrological study, to submit a specific proposal for the Board's consideration. We need to know where the effluent is going and its proximity to any private wells in the area.

ORDINANCE DEVELOPMENT

The Board will discuss ordinance steps to be taken at its October 7, 2008 meeting

The meeting was adjourned at 8:50 pm.

PENDING OBLIGATIONS