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Lamoine Planning Board

Minutes of January 4, 2011

Board members present: Don Bamman, Gordon Donaldson, Jim Gallagher, John Holt, Michael Jordan, Chris Tadema-Wielandt

Members of the public: Stephen Salsbury, Ronald MacQuinn, James Tower, Nancy Pochan

1. Chair John Holt gaveled the meeting to order at 7:02 pm, and the members of the board introduced themselves to the members of the public in attendance and to the CCTV audience.

2. Consideration of Minutes - Gordon Donaldson moved, and James Gallagher second, to approve the minutes of the December meeting. Approved 5 to 0.

3. Code Enforcement Officer's Reports

The CEO was not present, written reports were:

4. Conservation Commission -N. Pochan reported;

  1. the Open Space Inventory will be completed within one month. Discussions will be held on:
  2. cluster housing,
  3. gravel pit restoration,
  4. water monitoring, and
  5. October road clean-up   

     John Holt asked when would the Open Space Inventory be completed. Fred Stocking intends to have it finished within one month.    

5. Old Business:

a. Harold MacQuinn, Inc. has requested that the Board reconsider its imposition of conditions (per Sec. 8 A & F) upon the permit issued for its gravel extraction operation located at lots 31 and 33 on Tax Map 3. One option is not to act, and require MacQuinn go to the Appeals Board. Other options are to: rescind the vote and start over, or; reopen as many of the review standards as are deemed necessary. A discussion of those options ensued.

moved to reconsider conditions imposed. It was pointed out that first, the conditional approval voted at the December meeting must be rescinded. A discussion ensued regarding the conditions. G. Donaldson questioned whether all performance standards must be reviewed. D. Bamman asked why all review standards should be re-reviewed, rather than just those for which conditions were imposed. J. Holt, as an example, pointed out the issue of whether reclamation is the responsibility of the owner or of the lessee. It was moved and seconded, to rescind the approval given at the December meeting, and reconsider the application de novo. The Vote was 3 to 2 in the affirmative.

The Board then commenced to review the application in light of all Performance Standards viz:

  1. Natural buffer - S. Salsbury asked where the board wants the buffers located. J.Holt suggested that it should be along the westerly and northerly boundaries of the area to be excavated, shown on the plan as a Blue rectangle. He also spoke of an opinion which he had requested from the Maine Municipal Association, regarding the responsibility for reclamation of the leased lot. Chairman Holt further suggested that the ordinance requires a “natural” buffer between the pit and the abutting lot, and also that flagging was needed along the westerly boundary. There was then a discussion of the access road located across the10 foot natural buffer on the westerly boundary of the MacQuinn lot. S. Salsbury stated that the Planning Board had not objected to that road for the four prior permit cycles. G. Donaldson moved, and J Gallagher seconded that the board find that the application complies with Standard A, with the condition that a natural buffer be maintained along the westerly, southerly and easterly boundaries of the leased lot, shown on the plan as running from points A to B to C to D to E. The vote in favor was 5-0.
  2. Screening - C. Tadema-Wielandt moved and J. Gallagher seconded that the board find that the application complies with Standard B. The vote in favor was 5-0.
  3. Groundwater Protection - OK except for fuel pad. J. Holt moved and J. Gallagher seconded that the board find that the application complies with Standard C, with the exception of the re-fueling pad, the repair of which shall be a condition of the issuance of he permit. The vote in favor was 5-0.
  4. Restoration - C. Tadema-Wielandt moved and J. Gallagher seconded that the board find that the application complies with Standard D. The vote in favor was 5-0.
  5. Transportation - C. Tadema-Wielandt moved and J. Gallagher seconded that the board find that the application complies with Standard E. The vote in favor was 5-0.
  6. Access - C. Tadema-Wielandt moved and J. Gallagher seconded that the board find that the application complies with Standard F. The vote in favor was 4-1.
  7. Hours of Operation - G. Donaldson moved and C. Tadema-Wielandt seconded that the board find that the application complies with Standard G. The vote in favor was 5-0.
  8. Noise - G. Donaldson moved and J. Gallagher seconded that the board find that the application complies with Standard H. The vote in favor was 5-0.
  9. Required Reports Filed - G. Donaldson moved and C. Tadema-Wielandt seconded that the board find that the application complies with Standard I. The vote in favor was 5-0.

M. Jordan then suggested that no final vote be taken on the issuance of the permit, but suggested that the chair declare the permit issued, based on the above findings of compliance with all review standards, subject to the conditions noted. This procedure will allow the issuance of the permit even though each member might vote against issuance of the permit based on his negative vote on one standard alone. The Board concurred, and the Permit was declared issued, subject to the above conditions under Performance Standards A - Natural Buffer, and C - Groundwater Protection.

b. Finalize the Board's Findings of Fact for its decision to deny Doug Gott & Sons' application for permits for Lots 6 & 8 on Map 3. The Board discussed G. Donaldson's draft decision on Site Plan Review Standard 1, and Gravel Permit Standards 4 and 6, and agreed to several changes. J. Holt agreed to write the final findings and send them to Stu for appropriate delivery to S. Salsbury.

J. Holt moved and J. Gallagher seconded board approval of the above. The vote in favor was 5-0.

James Tower asked whether the Board had rejected the (Gott) Application because it does not comply with the Comprehensive Plan. There was a discussion about, and a distinction drawn by Chairman Holt between, the Lamoine Ordinance, in which the Comprehensive Plan is a substantive Review Standard, and the Fryeburg Ordinance in which it is not.

c. Completeness Review for Gravel Pit Renewal - John W. Goodwin, Jr. - E. Lamoine Pit (Map 1 Lot 75). James F. Tower, LPE, of Engineering Dynamics, Inc., Bangor made a brief introduction to Goodwin's application.Very little change is proposed from past permits. This pit still has 18 or 19 years of life left. No reclamation is proposed because it has all been done. J. Holt said that if no reclamation is proposed, then Goodwin will have to pay the Town the required fee therefor.

G. Donaldson complained that not withstanding the CEO's completeness review, the application form is not the current one, thus there is information missing, inter alia, the project description, and new Pages 1, 2 & 3 with updated information need to added to the application as well as an updated wildlife habitat map, and he further asked why the Board should “waste its time” reviewing a patently incomplete application. Over G. Donaldson's objections, the completeness review proceeded, and it was determined that as to each of the Review Standards, the required information is as follows:

  1. Present
  2. Present
  3. Present
  4. Present
  5. Present, except that the previous three year's excavations are not shown
  6. Present, except indicate that the pit is internally drained
  7. Present
  8. Present
  9. Need current letter from a bank
  10. Need to specify that non-reclamation penalty will be paid
  11. Present
  12. Present
  13. Need to specify that no washing planned
  14. Need plan for current permit monitoring.

In light of the above noted, it was determined that the application is incomplete.D. Bamman noted that an updated wildlife habitat map is available and should be included with the updated application. Chairman Holt noted that a site visit is also required by the ordinance, even though it will be difficult, given the amount of snow present in the area.

 

d. Completeness Review for Gravel Permit Renewal - John W. Goodwin, Jr. - Aubrey Davis Pit (Map 4 Lot 41-1). This permit has expired. Chairman Holt noted that very little gravel has been removed over the last three years, and questioned whether this is effectively an abandoned pit. James Tower of Engineering Dynamics, Inc. again made the presentation. The completeness review found the required information for each of the Review Standards, viz:

  1. Present
  2. Present
  3. Present
  4. Present, except the contours do not extend 100 feet beyond all lot lines
  5. Present, except areas of previous extraction need to be added
  6. Present, except label the access road, and the gate thereon
  7. Present
  8. Present
  9. Need current letter from a bank
  10. Need to specify that reclamation will be done in accordance with current MBMP
  11. Present
  12. Present
  13. No washing planned
  14. Need plan for current permit monitoring.

M. Jordan complained to of being threatened by W. Haass (the son of the owner of the land across which Goodwin has an access easement) while trying to access pit for an inspection. G. Donaldson questioned whether 25' buffer agreements are recorded and whether they run with the (abutters) land, or must they be renewed with a new owner. Chairman Holt raised the issue of stones and gravel in the roadway at the entrance to the East Lamoine Pit.

6. New Business:

J. Gallagher raised the issue of honoring Mike Garrett for his ten years of service on the Planning Board. It was agreed that there ought to be something done, and It was suggested that a letter be sent to the Selectmen strongly recommending that the annual report be dedicated to M. Garrett.

It was asked where to hold the January 18 meeting to discuss the Washington and Appleton mining ordinances in comparison with the Lamoine ordinance.

C.Tadema-Wielandt asked if Goodwin still is operating his two pits without permits. Chairman Holt discussed the procedures required under the ordinance.

Chairman Holt will let us know where and when we will have our meeting January 18th.

Donaldson moved to adjourn. M. Jordan seconded. Voted 5 - 0.

Meeting adjourned at 9:35