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Lamoine Planning Board

MInutes of December 7, 2010 (Draft, subject to correction)

Chairman J. Holt opened three public hearings at 6:33 pm.

Board Members Present: D. Bamman, G. Donaldson, J. Gallagher, M. Garrett, J. Holt, M. Jordan, C. Tadema-Wielandt (6:58 pm).

Members of the Public in Attendance: R. Emery, D. Fennelly, J. Fowler, M. Hopkins, C. Korty, T. Latchaw, C. Lippitt, S. Salsbury, V. Sprague

Public Hearing #1. Site Plan Review Permit, D. Gott & Sons, Map 3, Lots 6 & 8. S. Salsbury explained the intent of the proposal. Audience comments were heard as follows:

The hearing closed at 6:48 pm.

Public Hearing #2. Gravel Permit, D. Gott & Sons, Map 3, Lots 6 & 8. This hearing was combined with Public Hearing #1 above.

Public Hearing #3. Gravel Permit, Harold MacQuinn, Inc. Map3, Lots 31 & 33. S. Salsbury explained the gravel permit request.

The Public Hearing portion of the meeting closed a 7:05 pm. Chairman J. Holt moved immediately to the monthly agenda.

Minutes of November 9, 2010. G. Donaldson noted on page 2, item B. iii the word “inclued” should read “include”. The minutes were then accepted as amended.

CEO Reports. In the absence of the CEO, the reports were accepted and placed on file.

CONSERVATION COMMISSION 

C. Korty stated the current emphasis of the Commission is a study of open space in Lamoine.

OLD BUSINESS 

•  Action on Site Plan Permit Request. D. Gott & Sons, Map 3, Lots 6 & 8. Conditions attached to this request in November (see Planning Board Miinutes, November 9, 2010) have been met. G. Donaldson moved and J. Gallagher seconded a motion to find the application complete. The motion passed.

In the event the permit request is ultimately granted, two conditions will be stated on the face of the permit.

•  A berm as shown on the concept drawings, will be completed within twelve months of permit approval.

•  A copy of S.W. Cole's water monitoring report(s) will be sent to the Town CEO.

In discussion of Review Standard #1 (Preserve and Enhance the Landscape), the Board voted 2 in favor; 2 opposed; 1 abstention. The application failed to meet this standard. G. Donaldson will draft Findings of Fact for this action and the Board will consider them at its January 4, 2011 meeting.

J. Holt read a statement drawn in opposition to permit issuance. The essence of it is that the proposal is contrary to the vision of the comprehensive plan. J. Gallagher spoke in support of this contention. G. Donaldson moved and M. Garrett seconded a motion to approve the permit with the two conditions listed above. The vote was 0 in favor; 5 opposed. J. Gallagher then moved and G. Donaldson seconded a motion to deny the permit. This motions passed, 5 in favor; 0 opposed.

•  Action on the Gravel Permit, D. Gott & Sons, Map 3, Lots 6 & 8. In consideration of the Gravel permit request, two standards failed to secure a favorable vote.

•  Standard 4. Will conserve the natural beauty in keeping with the restoration provisions of this ordinance. By a vote of 2 in favor; 3 opposed, the Board found the application does not meet this standard.

•  Standard 6. Will not adversely affect surrounding properties. By a vote of 2 in favor; 3 opposed, the Board found the application does not meet this standard.

G. Donaldson will draft Findings of Fact for these decisions and present them to the Board for consideration at the Board's January 4, 2011 meeting.

•  Action on a Gravel Permit, H. MacQuinn, Inc, Map 3, Lots 31 & 33. With conditions established in November (see Planning Board Minutes, November 9, 2010) having been met G. Donaldson moved and M. Garrett seconded a motion to find the application complete. The vote was unanimous. In a review of performance standards, the Board notes the follow as being necessary conditions to permit approval.

Performance Standard 8A. Wherever lot lines appear on the map, there needs to be a buffer. The west end of the Kitteridge Pit and the north side of the Miro/MacQuinn line are cases in point.

Performance Standard 8C. The refueling pad needs with to be repaired or rebuilt.

Performance Standard 8D. The Board requests a statement from either MacQuin or Miro accepting responsibility for implementing an approved restoration plan for BOTH lots 33 & 31.

Performance Standard 8F. There are two road issues. One, the access road needs to be moved to allow a 10' setback. And two, An “access” road appears on the map which, according to testimony, is not passable after a short distance. Either the road needs to be made passable or it should be removed from the map.

J. Gallagher moved and M. Garrett seconded a motion to approve the permit once the conditions are fulfilled.

NEW BUSINESS 

•  Site Plan Review pre application , Global Tower Assets, Map 4 Lot 17. Maureen Hopkins described the proposal – a 190 foot monopole communication tower. Since no pre application was submitted and since not enough information to legitimize a pre application was available, the Board held an ‘informal' discussion of the proposal.

  •  Gravel Permit Renewals. J. Goodwin Jr. Map 1, Lot 75; MAP 4, Lot 41-1. The permit for these lots expired on October 31, 2010. To the extent J. Goodwin is operating in these pits, he is doing so without a permit and in violation of Town Ordinances. M. Garrett was instructed to contact CEO D. Ford and ask him to write a certified letter in accordance with Section 7, H 3 of the Town of Lamoine Gravel Extraction Ordinance. If J. Goodwin proposes to make permit application, materials must be received two weeks BEFORE the Planning Board's January 4, 2011 meeting in order to be considered in January.

ORDINANCE DEVELOPMENT

The Board set an ordinance development workshop for Tuesday, January 18, 2011 at 6:30 pm at the Town Hall.

The meeting adjourned at 10:30 pm.

Respectfully submitted,

Michael F. Garrett, Secretary.

PENDING COMMITMENTS 

Tuesday, December 14, 2010. 6:30 pm. Meeting with Selectmen. Town Hall

Tuesday, January 4, 2011. Monthly meeting. 7:00 pm. Town Hall

Tuesday, January 18, 2011. Ordinance Development Workshop. Town Hall 6:30 pm

Tuesday, February 1, 2011. Monthly Meeting. Town Hall