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Lamoine Planning Board

Minutes of March 4, 2010

PUBLIC HEARING

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:

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:

The minutes were accepted as amended. 

OLD BUSINESS

  1. 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.
  2. 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.
  3. 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.
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  1. 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.

 NEW BUSINESS

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.

OTHER BUSINESS 

  1. Chairman G. Donaldson called the Board's attention to a Maine Model Wind Energy Facility Ordinance for the Board's future consideration.
  2. 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.

Respectfully submitted,

 

Michael F. Garrett, Secretary

PENDING COMMITMENTS 

April 7, 2010 – Town Meeting. Lamoine School 6:00 pm

April 13, 2010 – Monthly Board meeting – Town Hall – 7:00 pm.