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Lamoine Planning Board Minutes

March 1, 2011

Chairman J. Holt called the meeting to order at 7:02 p.m.

PB Members Present: J. Holt, D. Bamman, C. Tadema-Wielandt, J. Gallagher, G. Donaldson, M. Jordan (Alternate). New Alternate Member P. Fowler was unable to attend due to the weather.

Code Enforcement Officer: D. Ford

Members of the Public in Attendance: C. Korty

Public Hearing: Proposed Ordinance Amendments for Town Meeting March 16

Chairman Holt called the public hearing to order and presented a summary of the amendments: Building and Land Use Ordinance; Site Plan Review; and fee policies for many town ordinances. (Copies of the amendments have been available at the Town Hall and on the town website.)

G. Donaldson noted that D. Ford had pointed out that the proposed addition of “Essential Services” to the Table of Land Uses (BLUO) did not distinguish between residential uses and non-residential uses. The Board agreed that it would take this matter up during the regular meeting to follow.

C. Korty inquired about how frequently the proposed Table of Fees would be revised. That will be a matter for the Select Board to determine.

Chairman Holt closed the Public Hearing at 7:17 p.m.

Chairmain Holt called the regular meeting of the Lamoine Planning Board to order at 7:18 p.m.

Minutes of January 4, 2011 meeting

Two corrections were pointed out (“Shapleigh” should be “Fryeburg” on p. 3; “grandson” should be “son” on p. 5).

Moved (Tadema-Wielandt; Gallagher) to accept as revised. Approved 5-0

Minutes of February 1, 2011 meeting

Two corrections were pointed out (Date of the meeting was Feb 1, not Feb 2; Gravel Ordinance Application Item #12 should be #14 on pages 1 and 2).

Moved (Gallagher; Tadema-Wielandt) to accept as revised. Approved 5-0.

CEO Reports

Accepted as printed, unanimously.

Conservation Commission Report

Carol Korty reported that the Conservation Commission had been approached by shellfishers regarding the closed flats in the upper Skillings River. Asst. CEO Jordan reported that state marine officials have been getting high Coliform readings in the area, particularly after heavy rains. The assumption is that farm animals in the area are contributing to this problem and that “nothing can be done; the Marine Patrol is monitoring the situation.” The Dept. of Agriculture has jurisdiction over farms; to Jordan's knowledge, there has been no inspection of the area to ascertain the source(s) of the problem.

C. Korty reported upcoming activities hosted by the Conservation Commission:

3/9 Screening of the film “Bag It” at the Town Hall at 7

3/16 Annual Conservation Award at Town Meeting

4/13 Presentation of the “Get Wet” program.

Ms. Korty also reported that the LCC has joined the Maine Association of Conservation Commissions. All expenses of the Commission are funded from its fund-raising activities.

Old Business

a. Gravel Permit Renewal – John W. Goodwin Jr. (Map 1 Lot 75) “East Lamoine Pit”

Note: Mr. Goodwin has been operating this gravel pit without a permit since November 1, 2010.

No representative of Mr. Goodwin's company was present. The Board examined “supplemental information” provided by J. Tower of Engineering Dynamics, Bangor. Regarding the missing information from the February submission, the Board found:

Based on these findings, the application continues to be incomplete.

Moved (Tadema-Wielandt; Bamman) that the Board find the application complete with the condition that within 10 days (by March 12), the applicant submit information regarding Application Item #14. If this deadline is not met, the application will be found incomplete. Vote: 3-2 (Gallagher;Donaldson)

Moved (Donaldson, Gallagher) that the Planning Board notify the Board of Selectmen of John Goodwin, Jr.'s pattern of non-compliance relative to two gravel pit renewal applications and that the Planning Board strongly recommend that the Board of Selectmen take immediate enforcement action in this matter. After discussion regarding the Board's authority and the Select Board's ability to enforce the Gravel Ordinance, the Board voted 5 - 0 in support of the motion. Holt and Donaldson will prepare the memo to the Select Board for their discussion March 3.

b. Gravel Permit Renewal – John W. Goodwin Jr. (Map 4 Lot 41-1; Lot 41-1a) “Aubrey Davis Pit”

Note: Mr. Goodwin has been operating this gravel pit without a permit since November 1, 2010.

No representative of Mr. Goodwin's company was present. The Board examined “supplemental information” provided by J. Tower of Engineering Dynamics, Bangor. Regarding the missing information from the February submission, the Board found:

C. Tadema-Wielandt asked if Mr. Tower hadn't as well been asked to resubmit the map, adding elevations that extend beyond the boundary of the lot. This request was made in February, but not made a requirement. The current map is identical to the one submitted for the Feb. 1 meeting. February meeting meetings indicate that he will do this by June, 2011.

Based on these findings, the Board found the application complete.

The Board scheduled:

It was noted that no part of this pit is located on Map 5. The application is inaccurate in this respect.

c. Ordinance Revision.

Moved (Donaldson; Gallagher) to add to the BLUO amendment inserting “Essential Services” in the Table of Land Uses the words “(Non-residential)” to clarify the fact that it is the Board's intention to require PB review for commercial, industrial, and other large-sized developments where any Essential Service needs to be provided. Vote 5-0

New Business

1. Gott gravel permit application appeal.

Appeals Board will hear the matter on April 27 at 7 p.m.

S. Marckoon has asked that the Board review the appellant's statement and submit further information pertaining to “any facts that the Planning Board would stipulate to (agree with)” and/or “rebuttals” of the appellant's points. Discussion ensued as to the wisdom of complying with this request and the legality of carrying on a discussion of the Board's thinking by email. It was the Board's consensus to “confirm matters of fact” in the appellant statement but to discuss this again at our April meeting. Holt will prepare a statement and circulate it.

Other

1. Town Meeting is March 16 at 6 p.m. The Board will not prepare a presentation of the ordinance amendments but will be available to answer questions from townspeople on the three warrant articles covering these amendments. Holt and Jordan will take the lead.

2. M. Jordan suggested that the Board pursue a survey of townspeople regarding the new state Building Code and what the Town's approach to it should be. Donaldson suggested that we prepare a survey on this and other development/planning matters confronting the region (wind generation; cell towers; protection of geographic features; rezoning Buttermilk Road to permit commercial development, etc.). D. Ford suggested such a survey could go out with property tax bills in May (?).

The meeting adjourned at 8:48 p.m.

Respectfully submitted,

Gordon Donaldson, Interim Secretary

Pending Commitments