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Lamoine Planning Board

Minutes of December 2, 2008

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

Board Members Present: G. Donaldson, J. Gallagher, M. Garrett, M. Havey, J. Holt, M. Jordan, C. Tadema-Wielandt.

Members of the Public in Attendance: M. Jones, C. Korty, S. Marckoon (7:30 pm), G. Savage, S. Salsbury

CEO Reports. The Board noted the CEO has issued a second building permit for a house lot on the JWJLLC subdivision even though the subdivision road is not complete. The Board feels it made clear when asked to allow the first lot to be permitted that no other permits would be issued until the road is complete. The Board requests the CEO take note and not issue additional permits.

The CEO's reports were accepted and placed on file.

Minutes of November 11, 2008 were accepted as presented.

CONSERVATION COMMISSION 

C. Korty stated the Conservation Commission is engaged in the complex task of compiling an open space inventory of Lamoine though the process for doing so has not been fully defined.

G. Donaldson suggested the Commission might look into how best to “restore” grandfathered gravel pits the bottoms of which have reached two (2') feet above the water table and other pits having reached the Ordinance minimum of five (5') feet above the water table.

OLD BUSINESS 

•  Reconsideration of Subdivision/Site Plan permits – Wayne Wright (Map 4, Lot 34) following variance approval by the Board of Appeals. Based largely on an objection to increasing the disturbance of wetlands, the DEP approved a subdivision road of twenty (20) feet wide in contradiction to the Lamoine subdivision requirement of twenty-four (24) feet wide. The Appeal's Board granted a variance to the developer.

•  M. Havey initiated a discussion about what constitutes a “no reasonable return” standard for granting a hardship variance. According to legal interpretation provided to the Board, “undue hardship” exists where strict application of the ordinance would result in the practical loss of all beneficial use of the property. (Emphasis added.) Since this property has, in fact, some “reasonable value” without a variance, the Board is of the opinion the variance should not have been granted.

However, since the deadline for appealing the Appeals Board's decision to grant the variance has elapsed, the variance stands as granted. Accordingly, M Garrett moved and M. Jordan seconded two motions.

  1. That the proposed substandard road, having been granted a variance, meets the review standard of the Site Plan Review Ordinance. The motion passed 3 – 0.
  2. That the proposed substandard road, having been granted a variance, meets the review standard of the Subdivision Ordinance. The motion passed 3 – 0.

M. Garrett moved and M. Jordan seconded a motion to approve both the Site Plan Review and Subdivision permits. Both motions passed 3 – 0.

Inquiry from Peter Roy re: entrance to a potential gravel pit . P. Roy requests an advisory opinion from the Board regarding a potential access road to a potential gravel pit. The Board thanks Mr. Roy for his inquiry. However, the Board has been and is reluctant to render opinions of any sort unless and until a concrete, factually based proposal is presented.

The Board instructs the Secretary to send a copy of these minutes to Mr. Roy and to suggest he contact the Code Enforcement Officer about the proposal.

NEW BUSINESS

1. Building/Shoreland Reconstruction – Breakwater Design/Robert Seibel. Map 6, Lot 19-2.

G. Savage and M. Jones proposed to deconstruct a building situated in the Shoreland Zone and build a new structure on the existing footprint. The Board contends this constitutes “new construction”, NOT “reconstruction” as defined in the Shoreland Ordinance. New construction requires the building be moved back to the high water setback if at all possible. With a twelve acre lot, it is possible in this instance. G. Savage and M. Jones will likely “reconstruct” the existing structure – an action permitted by the Ordinance.

 

2. Status of Gravel Pit Renewals (Fowler and King). Neither P. Fowler nor D. King has responded to reminders gravel pit renewal applications are past due. The Board asks that the CEO write to each pit owner stating no operations shall be performed on these sites until respective permits are obtained.

OTHER BUSINESS

1. Notification from Town of Hancock (Permit on aquifer). The Board acknowledged, with thanks, receipt of correspondence from the Town of Hancock regarding a proposed medical practice on an aquifer.

2. 2009/2010 Planning Board proposed budget. The Board recommends that its proposed budget be based upon a one third increase of each budget line item in the five year expenditure average provided by S. Marckoon . This represents a total 2009/2010 budget request of approximately $750.00.

M. Havey moved to remove agenda item #8 (discussion of ordinances) from the agenda and for adjournment at 8:20 pm. The motion was seconded by M. Garrett and passed unanimously. Item #8 was then considered in a workshop.

Respectfully submitted,

Michael F. Garrett, Secretary