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Lamoine Planning Board

Minutes of September 1, 2009 (Draft, subject to change)

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, C. Tadema-Wielandt

Members of the Public in Attendance: T. Benson, K. DeFusco, R. Pulver, J. Reynolds, S. Salsbury

Minutes: The minutes of August 4, 2009 were accepted as presented.

CEO Reports: The CEO was again absent. C. Tadema-Wielandt moved the Board cast a vote of no confidence in the CEO. M. Garrett seconded the motion. J. Holt moved to amend the motion by adding the phrase “ at this time´ to it . J. Gallagher seconded. The amended motion – The Board has no confidence in the CEO at this time -- passed unanimously.

The Board then directed the Secretary to instruct the Town Administrator to deliver a copy of the motion to the Board of Selectmen. Minutes of the August 4, 2009 Planning Board meeting should accompany the forwarded motion as a partial rationale

In the CEO's absence, several questions regarding Ordinance Enforcement issues remain unanswered. The Deputy CEO did offer an explanation of the Mark Dane complaint. His response prompted the following question: “Is there a regular procedure for inspecting mobile homes – especially those within the Shoreland zone?” The answer is “no”. The Board requests that an inventory of mobile homes located in the Shoreland Zone be compiled and presented to the Board at its October meeting.

Subsequent to these discussions, the CEO Reports were accepted and placed on file.



R. Pulver stated the Conservation Commission is preparing two reports dealing with the Town's aquifer and the water thereunder. With primary assistance from Wilhelm Brutsaet, one report will be “a pared down” version of the second – answering such questions for laymen as: “Where is the aquifer? How does it work?” The second study will be more technical and will be placed in the Town Hall for all who wish to read it. The Planning Board hopes to receive copies of these reports in time to consider them at the Ordinance revision workshop scheduled for September 15, 2009


Subdivision application – SARJOY, Inc. Map 4, Lot 48. No new submissions were rendered to the Board. However, in the course of discussion, M. Jordan made clear (and the Board concurred) that the developers need to submit an updated DEP and Army Corp of Engineers inspection of the property. The reason for the request is the finding of vernal pools on a nearby property.


Request from T. Benson o/b/o Tim Ring to alter the lot configuration of Lot #18 in the Marlboro Woods subdivision. Map 5, Lot 14. A prospective lot buyer wishes to have additional land added to his lot. The developer subsequently moved the lot line 30 feet westward. This change requires that an amended subdivision plan be submitted. The new plan was presented to and accepted unanimously by the Board. (Acceptance being made on a motion by J. Gallagher, seconded by M. Garrett.)

Gravel Pit Permit Applications. Doug Gott & Sons, Inc

S. Salsbury presented a general summary for all pits combined. Following this, specific pits raised specific questions.

Map 3, Lot 6. The Board needs to have for its files, a copy of the lease agreement allowing work in this pit. It was also noted the restoration depicted in the 2006 permit application has not been done. Rocks stored there then are stored there still.

Map 3, Lot 8. Though D. Gott plans to use this pit as a storage area, some surface clearing (vegetation removal) is required. J. Holt noted this pit is located close to the Cold Spring Water Company's water supply, necessitating careful scrutiny of precisely what activities will take place in this pit. S. Salsbury was asked to provide a written statement of intended uses.

J. Holt also raised a question which the Board will consider in future. “If the life span of a gravel permit is three years, why are not ALL gravel pits subject to the most recent ordinance requirements at the time the renewal permit is issued?” Does this not negate the claim of “grandfathering” so often used to circumvent current standards?

Before final consideration of these permits, Deputy CEO M. Jordan is requested to supply the most recent pit well readings for those not contained in the submitted applications.

A site visit is scheduled for these pits on September 11, 2009. All will convene at the Transfer Station at 4:00 pm.


Commercial Building Permit Application. J. Reynolds. Map 1, Lot 57 – owned by the Town of Lamoine . J. Reynolds was directed by the Board to meet with the CEO to discuss her plans and seek assistance in completing a commercial permit application.


•  M. Garrett distributed an invitation from Lauren Suerth, a Bar Harbor Planning intern, to a Bar Harbor Conservation summit to be held on October, 28, 2009 at the Mount Desert Island High School from 6:00 pm to 9:00 pm. All Planning Board members are invited to attend.

•  C. Fredette, of Verizon Wireless, submitted a No Hazard Determination from the FAA approving, among other things, Verizon's proposal for lighting. The tower will be lit with a Medium Dual Density system, shielded from underneath.

The meeting adjourned at 8:50 pm.

Respectfully submitted,

Michael F. Garrett, Secretary


Friday, September 11, 2009. On site inspection of four Gott Gravel Pits. Meet at the Transfer Station at 4:00 pm

Tuesday, September 15, 2009. 6:00 pm to 8:00 pm. Ordinance review workshop. Water and Home Occupations.

Tuesday, October 6, 2009. 7:00 pm. Monthly Planning Board Meeting.