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Lamoine Planning Board

Minutes of April 5, 2011

Board members present: Perry Fowler, Jim Gallagher, John Holt, Michael Jordan, Chris Tadema-Wielandt;

Code enforcement officer: Dennis Ford

Members of the public present: Anthony P. Hessert, John M. Kirk, Larry Libby, Carol Korty, Jim Tower, Stewart Workman, Stu Marckoon.

1. Chair John Holt opened the public hearing for the following gravel permit applications at 6:30 pm:

Jim Tower summarized the applications noting changes that were additions to the applications. For Map 4 it was an area that needed to be reseeded for reclamation. For Map 1 there will be a new cable and lock at a gate and ground water runoff onto adjacent property will be taken care of.

Carol Korty asked about the effect of both these pits on the environment, particularly the water table. She was assured there is no effect.

Stu Marckoon relayed the Board of Selectmen's request that if these pits are to be repermitted, the renewal will expire three years following the previous permit expiration date and not three years from the actual date of the renewals

There were no further questions or discussion.

Chair Holt closed the public hearing at 6:42 p.m.

  1. John Holt opened the meeting at 6:43
  2. Consideration of minutes – after some editorial corrections the minutes were approved 4-0.
  3. Code Enforcement Reports
    1. Code enforcement reports were accepted as written
  4. Conservation Commission

    Carol Korty reporting The LCC will host an informational session about the 5-year groundwater study by the George Mitchell Center for Environment and Watershed Research at the University of Maine in Orono. The session will take place at 7:00 p.m., Wednesday, April 13. As part of that, a report will be given about the town's “GET WET” program. In this program local students have tested their own home water.

    A workshop around gardening with native plants will be given in May.

  5. Old Business

Action on gravel pit application – John W. Goodwin, Jr. (both pits subject of the earlier public hearing)

John Holt pointed out that action could be taken either tonight or at the May meeting. Because there are revised maps and because two Board members, both of whom had been on the site visit, were absent, action should be postponed until May. Jim Tower requested discussion tonight in case something needs to be done. John Holt then cautioned him about vague language in the applications. Motion to table the applications until the May meeting by Chris Tadema-Wielandt and seconded by Jim Gallagher – approved 5 – 0.

Enforcement Action Request re: operating gravel pits without permits – status update.

The town's attorney is considering the request. One option would be a consent agreement in which, among other things, the owner would agree never to do it again. John Holt asked for clarification the Selectmen's expiration date request. Stu Marckoon said it was not to retroactively grant the permit to begin on November 1, 2010, but that any permit granted expire no later than October 31, 2013.

Gott Appeal Response

The Appeals Board meets April 27, 2011 to rule on the appeal. The Appeals Board would like information from the planning board about our position on the appeal. John Holt is working on a response

Town Meeting Follow Up

The Board of Selectmen has requested help in developing a fee schedule. Following a question by John Holt about the purpose of the fee and how do we know what costs are, a general discussion followed. Discussion of costs, the distinction between application costs and development costs were among the issues raised. There was agreement for a workshop with the Selectmen and Michael Jordan, Perry Fowler and Dennis Ford.

Survey (see minutes of last meeting)

Gordon Donaldson and Michael Jordan will suggest variables that need to be examined in the survey.

  1. New Business
    1. Request from Stewart Workman re: rezoning area between Buttermilk Road and Douglas Highway to accommodate commercial/industrial facility. Mr. Workman has reviewed his request and “switched to Plan B”. He would still like to see a zoning change. A general discussion followed generated by Mr. Workman's point and the Selectmen desire to facilitate the growth of business in Lamoine. It was agreed that this matter should be on next month's agenda.
    2. Notice from the City of Ellsworth re: Morrison Chevrolet owned lot. This new lot may have an additional highway entrance in Lamoine. This notification is a courtesy and no action by this board is needed.
  1. Other matters of discussion
    1. Partridge Cove Revisions - Wayne Wright, owner of Partridge Cove Estates, on December 2, 2008, submitted a revised Plan for Partridge Cove Estates because significant wetlands and vernal pools made a portion of the subdivision unsuitable for development. When that revision was submitted, ownership of the land was not solely in the developer. John M. Kirk has requested that the Planning Board reaffirm its approval of the revised plan because the developer is now the sole owner. A discussion followed in which the Board members took the position that we have neither the expertise nor the legal standing to make any judgments about the issues of ownership involved. The Board agreed (4-1, Tadema-Wielandt opposed) to state that it has taken no action to jeopardize the legal standing of Partridge Cove Estates. A copy of that statement, authored by John Holt, is attached.
  1. Ordinance work None
  2. Next meeting dates
  1. The meeting was adjourned at 8:00 p.m.