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Minutes of the Lamoine Planning Board

October 7, 2008

Board members present: Gordon Donaldson, chair, Jim Gallagher, Mike Jordan, John Holt, and Chris Tadema-Wielandt (new member, acting in that capacity only for the ‘regular meeting')

Board members not present: Melody Havey and Mike Garrett.

Code Enforcement Office Dennis Ford absent.

Members of the Public: Brett Jones, Travis Jones, Stephen Salsbury, Peter Roy, Carlton Johnson, Katie Johnson and Andrew Preston.

PUBLIC HEARING

Marlboro Woods II Subdivision. Map 5, Lot 14A .

Chair Gordon Donaldson called the meeting to order at approximately 6:35 p.m. and asked Stephen Salsbury, representing the applicant, Timothy Ring, to present a brief overview of the proposal. Donaldson then asked for public comment on the proposed 11-lot Marlboro Woods II Subdivision. Travis Jones inquired as to whether the gravel road shown on the ‘remaining land' of Ring was a right-of-way of the abutting Goodwin gravel pit property, raised questions about the status and operation of the road association on existing Lydia's Way, and asked who might be responsible for damages to existing Lydia's Way during construction related to the proposed subdivision. Salsbury responded that there is no deeded right-of-way across the applicant's ‘remaining land', that a road association had been formed in 2004, and that any damage to existing Lydia's Way during construction of the subdivision was probably a civil matter. The Board encouraged T. Jones to learn more about the road association that had been formed and of which he probably was a member.

The public hearing was closed at 6:55 p.m.

The Board voted to act upon the Subdivision application and the Site Plan application for Marlboro Woods II Subdivision. Members acknowledged that three items related to the Site Plan application found missing at the Sept 2, 2008 meeting of the Board had been received by the Board and added to the application, thereby making it complete.

The Board proceeded to review the 12 criteria of a Subdivision. Ten (10) criteria were found to be in compliance by votes of 4-0 and two (2) criteria were deemed not applicable. The Subdivision was approved by a vote of 4-0.

The Board proceeded to review the 20 criteria of the Site Plan. Sixteen (16) criteria were found to be in compliance by votes of 4-0 and six (6) criteria were deemed not applicable. The Site Plan was approved by a vote of 4-0.

Board members then proceeded to sign the appropriate documents.

REGULAR MEETING

Gordon Donaldson, chair, called the regular meeting of the Board to order at 7:22 p.m. and welcomed Chris Tadema-Wielandt as a new member of the Board. Chris has been appointed by the Selectboard to replaced Cece Omhart who had resigned.

The minutes from the September 2, 2008, meeting of the Board were approved as written by a vote of 4-0.

Code Enforcement Officer's report. D. Ford was not present but submitted written reports indicating 16 building permits issued (see discussion of C. Johnson permit below) between 8/19/08 and 9/4/08 inclusive and 7 plumbing permits during the month of September. Three ordinance enforcement issues of over a year's standing have been resolved and one recent issue is currently under investigation. The Board accepted Ford's reports by a vote of 5-0.

Conservation Commission Report . There was none.

Carlton Johnson/JWJLLC building permit (Map 4 Lot 6-5). CEO Ford notified the Board that he had issued to Carlton Johnson a building permit, with conditions, to develop lot #5 of the Walker Farm Subdivision (approved 7/31/2007). The conditions, as per his memo, were:

The Board discussed the conditions and it was the sense of the Board that the subdivision road needed to be completed at least to the location of the hydrant and tank, that the Fire Chief certify that the hydrant/tank was operational and that any fire trucks had sufficient access and egress from the site, prior to the issuance of a certificate of occupancy for a residence on Lot #5.

The CEO, in the memo, asked whether development of lots 1 – 5, lots whose access would presumably be from the Walker Road and not the subdivision road, could be developed with the subdivision road constructed only to the fire hydrant or would the entire road need to be finished first? After much discussion, it was the sense of the Board that it would not dispute the CEO's issuing a building permit for lot#5 with conditions as noted above but that remaining lots needed to be developed according to the terms specified in the approved subdivision plan.

Gravel Pit Application – RF Jordan & Sons. Map 4. Lot 8.

The Board reviewed an application for a Gravel Pit Permit from R.F. Jordan & Sons for approximately 5 acres of land owned by Patrick Jordan and located on Map 4 Lot 8. The Board reviewed the 13 items of required information for the application. Of the thirteen items, ten (10) were deemed as present and two (2) as not applicable. The Board found one (1) item incomplete, namely, ‘an indication of the financial capacity of the applicant to carry out the necessary site restoration.' Tadema-Wielandt noted that while the operator is listed as R.F. Jordan & Sons, Inc. in the application, the letter of financial capacity submitted by Bar Harbor Bank & Trust refers to R.F. Jordan & Sons Construction Company, which may or may not be the same corporate entity. Attorney Peter Roy and agent Stephen Salsbury, both representing R.F. Jordan, will investigate the matter further and amend the application to refer to the same and appropriate entity. The Board found the application complete subject to this amendment being made.

A site visit to the proposed pit was scheduled for Wednesday, October 14, at 4:00 p.m. Members are to meet at the Lamoine Transfer Station.

The Board scheduled a public hearing regarding the proposed pit for November 11 at 6:45 p.m.

Other matters.

The Board received notification of an Oct 1 meeting of the Ellsworth Planning Board at which a public hearing will be held (was held!) regarding a proposed develop on High Street in Ellsworth of which there are abutters to the subject property in Lamoine.

Stu Marckoon informed the Board that he had updated the Construction Permit Application.

The Board scheduled an ordinance review/development workshop for Tuesday, October 28th , at 6:30 p.m.

Members of the Board signed the ‘mylars' for the Raccoon Hollow Subdivision.

The meeting was adjourned.

Notes by John Holt, Secretary Pro Tem