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Lamoine Planning Board Minutes

October 5, 2010

Board Members Present: D. Bamman, G. Donaldson, J. Gallagher (6:43pm), J. Holt, M. Jordan, C. Tadema-Wielandt

CEO: Planned absence.

Public in Attendance: S. Salsbury, P.L.S, J. VanAmringe, R. Collins, P. MacQuinn (7:12pm)

PUBLIC HEARING

Site Plan Review: Map 1, Lot 32 commenced @ 6:30pm

J. VanAmringe proposes to build a barn of more than 2800 square feet, adjacent to his residence of the Shore Road. The question of exterior lighting was raised by G. Donaldson. The applicant says no exterior lights are planned. Neighbor Robert Collins, who supports the project, recommends lights to facilitate ingress and egress. A discussion of exterior lighting relative to the ordinance followed. The applicant spoke with another neighbor (not an abutter) Mrs.Aurolyn Boda, who would not attend the hearing, but has no objection to construction of the proposed barn. In the absence of Jim Gallagher, Don Bamman was designated as the voting alternate.

Of the applicable criteria, all were approved 5-0. A Motion to approve the application by Michael Jordan was seconded by Gordon Donaldson. The vote to issue the permit was 5-0. There being no permit form available, the chair indicated he would sign one on the following day, October 6, 2010.

Minutes of September 7, 2010 meeting were accepted as presented on a 5-0 vote

CEO Reports: The CEO reports were accepted as printed on a 5-0 vote, and placed on file.

Conservation Commission: No Commission member was present, and no report was available.

OLD BUSINESS

Gravel Pit Renewals:

At its September 7 meeting, the Board found that each of the following applications was deficient. S. Salsbury submitted the following, previously missing and/or inaccurate items as set forth in the ordinance, and required by the Board at its September 7 meeting:

1. Bank letter per application requirement #8;

2. Specific landscaping/vegetation information per application requirement #9; and

3. Additional (color coded) information on the site map.

The Board subsequently found each of the following applications complete by affirmative votes of 5-0; in addition, the Board took the following action on the application for each of the following pits:

RF Jordan & Sons, Inc. Map 3, Lot 4 – After the Board found the application complete,

J. Holt expressed concern about the water table and the ability to accurately determine its height based solely on the existing monitoring well located in the very front end of the pit. S. Salsbury agreed that for purposes of compliance with Section 8C, RF Jordan will add a second test well at the rear (east) end of pit at a location designated by S. Salsbury on the submitted plan. G. Donaldson noted from the site visit on September 13, that the restoration proposed in the 2007 permit application, in accordance with Section 8D, has not been completed, and proposed that the applicant should complete the proposed 2007 restoration as a condition of the issuance of the 2010 permit, not as part of the next three-year restoration proposal. Steve Salsbury agreed. There was also a discussion as to whether some of the slopes exceeded the 2.5 to 1 required in the ordinance. There was also noted during the site visit, a pile of used asphalt. A discussion followed about what materials are brought into Lamoine and stored in various gravel pits, and whether there should be some control or limitations placed thereon.

G. Donaldson then moved to approve the application subject to the above listed conditions. J. Gallagher seconded, and the application was approved by a vote of 5-0.

Harold MacQuinn, Inc., Map 3, Lots 31 & 33 - After the Board found the application complete, J. Holt again expressed concern about the water table, and about “locking in” 5 ft. excavation level above groundwater for this entire parcel. S. Salsbury and P. MacQuinn and Mike Jordan insist this is not a problem since a new permit must be obtained every three years. Deputy CEO M. Jordan agreed. P. MacQuinn expressed fear that at some point in the future, he will be denied a permit for additional areas of this pit, even though he has site plan approval for the entire parcel, and has paid his fee. This parcel is a very large investment for him and he believes that he needs to protect it, and he went on to distinguish the active area of the pit from the permitted area. He further said he has no current intention to mine the entire parcel, but will end excavation short of the right-of-way. G. Donaldson expressed concern about the un-restored areas, and wants to add this matter to the agenda for the November meeting, and to review the Site Plan Review Permit from 2004. G. Donaldson moved, and J. Gallagher seconded, to table consideration of this application until next meeting on November 9, 2010, at which time S. Salsbury will present a new map showing the area to be mined during the three year permit period. The motion passed 5-0.

Harold MacQuinn, Inc. Map 7, Lots 7 and 9 - After the Board found the application complete, a vote to consolidate consideration of lot 7 & 9 in the same application was made, seconded and approved 4-1. Since no restoration was proposed during prior permit term, the question was raised whether any reclamation money had been paid, as required by the ordinance. Further, since restoration is, again, not proposed, the board wants to insure that reclamation will be paid for next three years. A discussion ensued as to how to determine whether there are portions of some pits that are “discontinued”, and should therefore be restored in accordance with Section 4.

G. Donaldson moved to issue Permit, C. Tadema-Wielandt seconded and the vote in favor was 4-1.

Harold MacQuinn, Inc. Map 3, Lot 42 - After the Board found the application complete, it was noted that again, no restoration was proposed for this pit, and that no reclamation funds have been paid on account thereof, and G. Donaldson questioned why other restoration could not be done on other pits as well as on this one. Following this discussion, G. Donaldson moved, J. Gallagher seconded, to approve permit. Vote in favor was 4-1

Harold MacQuinn, Inc. Map 9, Lot 13 - After the Board found the application complete, J. Gallagher moved to approve the application, G. Donaldson seconded the motion, and the vote in favor was 4-1.

Harold MacQuinn, Inc. Map 20, Lot 12 – After the Board found the application complete, G. Donaldson asked why the areas at the 50 foot buffer couldn't be restored, S. Salsbury says more material can be excavated in a vertical direction. J. Gallagher then moved to approve the application, D. Bamman seconded. Vote in favor, 4-1.

Doug Gott & Sons, Inc. Gravel Pit expansion application, completeness review Map 3, Lots 8 and 6 – Site Plan Review presented. There was a discussion of whether a contract purchaser has rights equivalent to the rights of the “owner” for purposes of this application, and it was decided that such is the case. C. Tadema-Wielandt moved to find the application complete, J. Gallagher seconded, and the vote in favor was 5-0. A site visit was scheduled for 4:00 pm on Tuesday October 19, 2010. G. Donaldson and J. Gallagher then raised the issue of the Application not being in the order set forth in the Checklist. G. Donaldson moved to reconsider the completeness review, C. Tadema-Wielandt seconded, the vote in favor was 5-0. J. Gallagher then moved to revoke completeness finding, C. Tadema-Wielandt seconded. Voted in favor was 4-1 in favor. G. Donaldson then moved to table consideration of completeness until the November 9 meeting, J. Gallagher seconded, and the vote in favor was 5-0.

NEW BUSINESS

There was no new business

At 9:52 p.m. the Board unanimously voted to adjourn