Site Plan Review & Gravel Permit Application, D. Gott & Sons, Map 3, Lot 8
Chairman G. Donaldson called the hearing to order at 6:30 pm.
Board Members Present: D. Bamman, G. Donaldson, J. Gallagher, M. Garrett, J. Holt, M. Jordan, C. Tadema-Wielandt (7:00 pm). CEO: D. Ford
Members of the Public in Attendance: A. Blasi, C. Curtis, K. DeFusco, C. deTuede, P. Downey, D. Fickett, H. Fickett, D. Jones, C. Lippitt, J. Moore, S. Salsbury, T. Smith, V. Sprague, J. Willis, T. Willis.
A number of people rendered statements, comments and questions. Among them:
- C. deTuede read a written statement from C. Korty. Chief among her concerns are issues of highway safety, traffic congestion and a potential unsightly impact on the scenic and natural setting of the proposed pit.
- Jim Willis of Mill Road noted a growing number of dump trucks traveling Mill Road. “Would opening this pit create more traffic?” He also is concerned about the safety of bicycle riding children. Too, he noted noise and the need for more frequent window washing on account of dust raised by large trucks.
- C. Lippett summarized the results of S. W. Cole's hydrologic examination of the pit – a study required by the Planning Board.
- V. Sprague was one of several to fear declining property values as more gravel pits infringe closer to residential sites.
- D. Jones can hear noise from loaders and tailgate closing from his home.
- C. Curtis wondered if signage could be provided near her home so traffic would slow down at a curve in the road.
- Planning Board member J. Gallagher read a statement in which he contended the lot in question represents a “unique natural community” in the area in which it is located – an area surrounded by actively mined pits. Clearing of this (Stephens) pit for gravel mining would, contrary to Town Ordinances, destroy a ‘unique natural community'.
- J. Willis also noted the presence of endangered Trillium on the site.
There being no further comments, C. Donaldson closed the public hearing at 7:12 pm
MARCH MONTHLY MEETING OF THE PLANNING BOARD
G. Donaldson called the meeting to order at 7:15 pm.
Minutes, February 2, 2010. These listed amendments to the Minutes were offered and accepted:
- Under members present, “Jordon” should be Jordan.
- Under “Old Business – B”, the apostrophes contained in the words “Stephens” and “Billings” should be omitted.
- Under “Old Business -3 b” the word “Deerwoldz” should be “Deerworldz”.
- Under “old Business -3” – The sentence reading “The Board understands the permit expires in 2011 and that beyond the expiration D. Gott plans no further activity erroneously states cessation of activity on ALL FOUR of these pits will commence in 2011. In fact ONLY mining of the Deerworldz pit will cease.
The minutes were accepted as amended.
- Site Plan Review Completeness – Doug Gott & Sons, Map 3, Lot 8. Conditions set by the Board (a statement for the record indicating the project is wholly within the aquifer and a more detailed description of proposed activity) have been met. J. Holt moved and M. Garrett seconded a motion to find the application complete. The vote was unanimous.
- Gravel Permit Application – Doug Gott & Sons, Map 3, Lot 8. Conditions set by the Board (extend the map's contour lines to the Billings Pit; add the word “proposed” to the map indicating the proposed road into the pit; and state in the application that no mining will occur lower than a depth of 110 feet) having been met, G. Donaldson moved and J. Gallagher seconded a motion to find the application complete. The vote was unanimous.
- Action on the Site Plan Review Application. The Board undertook a review of Site Plan review standards as required by the Ordinance. In this undertaking the Board found the following items fail to fully meet the standards.
- Standard #1. “Preserve and Enhance the Landscape – Two voted the standard to have been met, two voted it had not been met and one abstained.
- Standard #6 Buffering & Screening a unanimous vote held this standard is not met. The Ordinance calls for 50 feet of screening (Section 14 F 8). Once cleared to the 50 foot line separating the mining operation from three residential homes, the natural buffer – one of tall trees and relatively little under growth – is not sufficient to “screen” the operation from the abutters.
- Standard #10. Groundwater Protection. 2 board members felt this standard was satisfied; 3 did not. The dissenters note the application does not contain plans to monitor water quality and, given that the flow of groundwater is toward Rt. 184, it could affect the quality and quantity of wells across the road.
- Standard #16. Comprehensive Plan. Is the proposed operation compatible with the purpose and intent of Lamoine's Comprehensive Plan? No one voted affirmatively; dissent was unanimous. The rationale for the negative vote is largely contained in Planning Board member John Holt's statement, delivered during deliberations of this issue – a statement which echoes the several concerns raised by neighboring landowners during the Public Hearing. That rationale will be formally presented as “Findings” when they are formulated. S. Salisbury, representing the applicant, agreed to extend the deadline for official “Findings” until the Board's April 13, 2010 meeting.
- Action on the Gravel Permit. The Board considered the review standards set forth in the Ordinance for issuance of a gravel permit. By a vote of zero in favor, four opposed and one abstention review standard #6 (Will not adversely affect surrounding properties) was deemed to fall short of the standard. The rationale is contained in b and d. above.
Request of Attorney Margaret Jeffrey re: subdivision lot line, Map 3, Lot 39-8. To satisfy potential insurance/mortgage/title issues, Attorney Jeffrey requested that all members of the Board sign the following statement:
“It is the position of the Town of Lamoine Planning Board that the modification created by the land swap between Lot 7 and Lot 8 of the Applewood Shores Subdivision by deed dated September 30, 2003 and recorded in Book 3760, Page 214, and deed dated October 14, 2003 and recorded in Book 3760, Page 212 does not require subdivision review and approval.”
Since the subdivision is over five years old and the land swap does not create a non conforming lot, the Code Enforcement Officer informs the Board the issue is outside the jurisdiction of the Board. Reluctant to engage in a decision beyond the scope of the Board's authority, the Board declined to have all members sign. The Board did agree, however, that Chairman Donaldson could (and did) sign as Board spokesman.
- Chairman G. Donaldson called the Board's attention to a Maine Model Wind Energy Facility Ordinance for the Board's future consideration.
- Final approval was given to proposed amendments to the Building and Land Use Ordinance concerning groundwater and home occupations. At Town meeting J. Holt is the designated “expert” on the ground water proposals (i.e. he is principally but not solely responsible for fielding questions from the floor.) C. Tadema-Wielandt will do the same for questions about proposals for home occupations.
Michael F. Garrett, Secretary
April 7, 2010 – Town Meeting. Lamoine School 6:00 pm
April 13, 2010 – Monthly Board meeting – Town Hall – 7:00 pm.