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Planning Board Minutes

July 5, 2011

Board Members Present: J. Holt, D. Bamman, G. Donaldson, J. Gallagher, C. Tadema-Wielandt, P. Fowler (Alt), M. Jordan (Alt)

Board Members Absent: None

Code Enforcement Officer: D. Ford

Members of the Public: Jordin Sanchez, Susan Sanchez, Albert Herrick, Carol Korty, David Crane, George Crawford, Stewart Workman, Alice F. Workman, Jim Sanchez, Tony Hessert, Dominique Hessert, Melany Hessert, David Herrick, Julie Herrick

  1. Public Hearing - Chairperson Holt called to order at 631 p.m. a Public Hearing on the Site Plan Review application of SW Boatworks for a boat house (Map 9 Lot 14). Steve Salsbury, on behalf of the applicant, made a brief presentation. Members of the public commented on the application. Questions raised by an abutting landowner and others about the development were:
    1. incompatibility of such an industrial use in a predominately residential area;
    2. possible health hazards from fumes and odors (an abutter reported ill effects from fumes from the current boat shop across the road);
    3. noise nuisances from the operation and associated traffic;
    4. negative impacts on residential property values in the area;
    5. negative impacts of chemicals on the quality of water; the project is partially sited on a wetland.

In response to several questions, Stewart Workman provided information about the project.

Support for the development was voiced by several area residents as follows:

  1. the existing boat shop run by SW Boatworks has created no perceptible odors or ill health effects;
  2. such a commercial use is welcome; “Lamoine needs jobs”;
  3. another boat shop is operating in Lamoine that is located in a residential area.

J. Holt closed the public hearing at 7:06 p.m.

  1. J. Holt called to order the July meeting of the Planning Board at 7:07 p.m.
  2. Election of Officers.
  1. Consideration of Minutes - The minutes for the June 7 and May 18 meetings were not provided in our packets due to a miscommunication of the files by the secretary. They will be reviewed in August.
  2. Code Enforcement Officer's Report
    1. Permits Issued - J. Holt reported on a building permit that was erroneously issued to Wayne Wright (Partridge Cove Subdivision, Lot 3). The CEO has issued a “stop work order” until such time as the three conditions placed on the subdivision permit are met (completion of road; installation of utilities; installation of fire suppression system) or until 12/2/11.
    2. Enforcement Actions - The CEO reported that the second RV located on the R&D Dane lot in Bar Harbor Highlands (Map 14 Lot 67)) was in violation. The owner has been told either to submit a BLUO permit application or remove the RV. He also reported that the Simons reforestation project has been inspected and that it appears in order.

    Moved Donaldson (Gallagher) to accept these reports. Vote: 5 - 0

  3. Conservation Commission - J. Holt reported that the CC continues to work on a registry of open space in Lamoine.
  4. Old Business
    1. Consideration of Site Plan Review application of SW Boatworks for a boat house (Map 9 Lot 14 ). - The Board applied all Review Criteria to this application and made a positive finding in all instances (See review form). A Site Plan Review permit was approved.
    2. Remand from Appeals Board concerning Doug Gott and Sons, Inc. gravel pit expansion. Following discussion concerning the Board's responsibilities and obligations in this matter, Gallagher (Holt) moved that the Planning Board recognizes that the Appeals Board has overturned the Planning Board's decisions regarding Review Criteria J1 and J16 of the Site Plan Review Ordinance and regarding Review Criterion 7D(4) of the Gravel Extraction Ordinance and, further, that the Appeals Board has instructed the Planning Board to find Doug Gott and Sons, Inc. in compliance with Review Criteria J1 and J16 of the Site Plan Review Ordinance and Review Criterion 7D(4) of the Gravel Extraction Ordinance. Vote: 5 – 0.
    3. Citizen Survey of planning priorities. Donaldson shared the most recent draft of the survey. Discussion about including items related to MUBEC led to the conclusion that so few people (including some of us) understand the questions surrounding MUBEC that it does not make sense at this time to survey the public about it. A public presentation and discussion on this matter in the Fall was suggested. Donaldson will tidy up the survey and Board members will assemble Monday July 11 at 10 a.m. to photocopy and fold them to be inserted in the tax mailing from the Town Office.
  5. New Business
    1. Consideration of a Commercial Building application from SW Boatworks for a boat house (Map 9 Lot 14). - The Board applied all Review Criteria to this application and made a positive finding in all instances (See review form). Concerns were raised regarding the sufficiency of the fire protection plan. Tadema-Wielandt (Bamman) moved to place a condition on the permit requiring the Chief of the Lamoine Volunteer Fire Department to approve this plan prior to the permit taking effect. Vote: 5 – 0. A Commercial Building Permit was approved with one condition .
  6. Other Public Matters -  Tony Hessert came before the Board to request an exception to the Subdivision Ordinance (BLUO) concerning the Partridge Cove Subdivision. He and his wife on June 10 purchased the subdivision from Wayne Wright. The Hesserts plan to build a home for their use on Lot 5 and have arranged for that work to be done. The three conditions prohibiting construction in the subdivision, however, have not been met (the fire suppression system is not yet in place). Mr. Hessert requested that the Board permit a building permit to be issued to him now. Following considerable discussion, Tadema-Wielandt (Bamman) moved to grant permission to the Hesserts to install a foundation, a septic system, and a well if necessary on Lot 5. Vote: 2 – 3 (Holt, Bamman, Gallagher)
  7. Ordinance Matters - CEO Ford requested that the Board review the newly drafted Building Permit application form and think about what should be included in a form for Commercial/Industrial Building Permits.
  8. Adjourned at 10:02 p.m.

Respectfully submitted,

Gordon Donaldson, Secretary