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Planning Board Minutes

June 7, 2011

Planning Board Members:

Present: Holt, Gallagher, Donaldson, Jordan, Fowler, Bamman (6:47), Tadema-Wielandt (6:55)

Code Enforcement Officer: Ford (6:55)

Members of the Public

  1. Call to Order -Chairman Holt called to order the Public Hearing on Travis Walls' Site Plan Review application at 6:33 p.m.
  2. Public Hearing on Travis Walls' Site Plan Review application. The applicant was represented by his father and significant other. No questions or comments were offered on the application. Chairman Holt closed the public hearing at 6:36 p.m.


  1. Chairman Holt opened the June monthly meeting of the PB at 6:36.
  2. Consideration of Minutes

Secretary Donaldson asked if the Board wanted the minutes to identify dissenting and abstaining members when the Board votes. The consensus was to continue this practice, as it provides a record for future reference, particularly in the case where a member might want to reconsider a vote.

Moved (Gallagher/Jordan) to accept the Minutes of the May 3 meeting. Approved 5-0 (Fowler and Jordan voting)

Moved (Holt/Bamman) to accept the Minutes of the May 18 meeting, with the substitution of the word “elicited” for the word “surfaced”. Approved 4-0

  1. Code Enforcement Officer's Report
    1. Permits Issued
      1. Jordan raised a question regarding the issuance of a building and plumbing permit to Wayne Wright for a lot in the subdvision he has not yet completed. Moved (Holt/Bamman) that the CEO be instructed to investigate whether permits were issued in error in this case and, if so, to instruct the owner and builder not to proceed with any construction. Approved 5-0. (Fowler voting) After CEO Ford arrived at the meeting, he was asked to look into this matter.
      2. Donaldson raised a question about the legality of the two RV's parked on the Dane lot in Bar Harbor Highlands. CEO Ford will investigate.
    2. Enforcement Actions - Report accepted
  2. Conservation Commission - C. Korty reported on the eel grass project and noted that the Conservation Commission has two vacant seats.
  3. Old Business
    1. Site Plan Review Application (SPR) from Travis Walls for two greenhouses, Map 10 Lot 29-5. The Board made positive findings on all twenty review criteria. Moved (Gallagher/Bamman) to issue the permit. Approved 5-0 (All regular members voting).
    2. Doug Gott and Sons Gravel Permit Application Renewals By assent, this item was postponed to later in the meeting.
  4. New Business
      1. Site Plan Review Application (SPR) from Stewart Workman (Map 9 Lot 14) for a boat construction facility on the West side of Rte. 184. Chairman Holt sought clarification on the need for an Industrial Use permit (as per the Building and Land Use Ordinance) in addition to the SPR permit. The Board agreed that it was needed and that, in the absence of an application for an Industrial use permit, we would revisit the BLUO requirements after reviewing the SPR application for completeness.

SPR Completeness Review : The Board agreed to consider the Pre-Application simultaneously with the following completeness review of the full application. S. Salsbury made a brief oral presentation of the project: two structures located approximately 365 feet West of Rte. 184 across from Mr. Workman's current boat yard; a 46X60 building for boat construction; a 10X20 building to serve as a heating unit for the development; located on an approximately 20 acre lot, with ½ acre to be covered by the two structures and a gravel parking/storage area.

During the review, the following notes were recorded for the benefit of the applicant and the Board:

Moved (Donaldson/Gallagher) to find the SPR application complete, with the understanding that Board's requests (above) will be met. Approved 5-0

Industrial Use Permit /Building Permit

The Board examined the review criteria for an Industrial Use Permit (BLUO). Most of the information called for in the Development Plan appears to be contained in the SPR application. The Board noted that:

The applicant will need to present an application for an Industrial Use and for a Building Permit.

Site Visit: Monday June 13 at 4 p.m.

Public Hearing: July 5 at 6:30, pending the results of the site visit.

  1. Gravel Permit Renewals, Doug Gott and Sons

    i. Completeness review of application for Map 1 Lot 70 (Deerworldz) pit. The application was found complete (see review sheet) The Board did not feel a site visit was necessary, given that this pit is immediately adjacent to the three other pits (below) recently visited.

    ii. Application Reviews for pits located at Map 4 Lots 11 & 16 and Map 1 Lot 67-1 The Board agreed to add the Map 1 Lot 70 pit, reviewing these four contiguous pits simultaneously.The Board voted unanimously that the applications met the review criteria except in the following instances:

    • Criterion 4 Approved: 3-1(Tadema-Wielandt) (Donaldson abstained)
    • Criterion 6 Approved 4-0 (Bamman abstained)

    Holt noted that Criterion 8 D requires pit operators/owners who propose no restoration as part of the application to establish an escrow account with the Town and to pay into it through the life of the permit (see paragraph 4). After discussion, Holt (Bamman) moved to recommend to the Select Board that this aspect of the ordinance be enforced and that a mechanism be established to collect funds for escrow accounts from operators who have not proposed any restoration. (this would pertain to Gott pits Map 4 Lots 11 and 16). Approved 5-0.

    Moved (Gallagher/Bamman) to renew permits for Map 4 Lots 11 & 16 and Map 1 Lots 67-1 and 70. Approved 5-0.

  1. Other Public Matters
    1. Appeals Board action on the appeal of Planning Board decisions by Doug Gott and Sons. Holt reported on the Appeals Board meeting June 6, in response to the Planning Board's request for clarification of their findings. The Appeals Board has clarified its positions and thinking and has not changed its findings. The Planning Board has had insufficient time to read the draft AB minutes and will take this matter up at its July meeting.
    2. Survey of Lamoine Citizens. This matter will be taken up at 5 p.m. at the Town Hall following the Site visit to the Workman lot Monday June 13.
  2. Ordinance Matters
  3. Next Meetings:
  1. Adjourned at 9:34 p.m.

Respectfully submitted,

Gordon Donaldson, Secretary