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Lamoine Planning Board Minutes

August 9, 2011

Planning Board Members - Present: Holt, Bamman, Jordan (alt), Gallagher and Donaldson

Absent: Tadema-Wieldant and Fowler (alt)

Code Enforcement Officer - Present: D. Ford

Members of the Public - R & R Franzius; Mike Keene; Jackie Gatcomb; Laura Schoene

1. Call to Order

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

2. Consideration of Minutes

June 7, 2011 Meeting: Jordan suggested spelling out the names of the ordinances the first time they are mentioned in each set of minutes. Moved to accept with this revision (Gallagher/Jordan) Vote: 5-0

July 5, 2011 Meeting: Gallagher suggested spelling out further the motion he made relating to the Appeals Board decision. Moved to accept with this amendent (Gallagher/Bamman). Vote: 5-0

3. Code Enforcement Officer's Report

a. Permits Issued: Comment: we're seeing an uptick in construction, despite the economic hard times.

b. Enforcement Actions: Comment: Donaldson commended CEO Ford on the letters relating to permits and enforcement included in the agenda packet.

Reports accepted as presented (by acclamation)

4. Conservation Commission (no member present)

5. Old Business

a) Gott vs. Town of Lamoine. No date has yet been set for the Superior Court Hearing. The appeal turns on two complaints: that the Town's claim that the pit will adversely affect surrounding properties was founded on insufficient evidence; and that the Gravel Ordinance is “unconstitutionally vague”.

b) Citizen Survey has been sent to all taxpayers in Lamoine with the request that they be returned with tax payments (end of August) or dropped off in the box on the bench in the Town Hall.

c) New Permit forms for Construction and for Home Occupations. The Board agreed to review these for the September meeting so we could have a complete discussion of any needed revision then.

6. New Business

a) Application for gravel permit (renewal): Mike Keene (Map 4 Lot 41-A)

The Board reviewed Mr. Keene's application for completeness. The Board found all elements of the application to be present with the following exceptions (see checklist in file):

Item 4: must extend contour lines 100' beyond the property boundaries on the map.

Item #5: Mr. Keene presented a map that marks the projected restoration (2011-2014). He will insert this on the next draft of the map.

Item #8: Correction required: to show the 2010-11 Removal volume as 1,200, not 12,00.

Moved (Bamman/Gallagher) to find the application complete with two conditions: that Mr. Keene will add to the map the extended contour lines and the projected restoration area (as noted above). Vote: 5-0

Site Walk scheduled for Tuesday August 23 at 4:30 p.m.

b) Request of Hancock Planning Board regarding our participation in subdivision application of Morrison Chevrolet, Inc (East side of Rte 184 near junction with US Rte 1). The application involves two lots in Lamoine; the portions of these lots that are in Lamoine are roughly 35 feet deep from the center of Rte 184. The Board decided that, since no development would be permitted on such land, it waived its participation in this decision. Holt will notify Hancock formally.

c) Ms. Laura Schoene appeared before the Board to request an extension of her building permit for a structure at 80 Berry Cove). Moved (Donaldson/Gallagher) to grant a one-year extension through October 13, 2012. Vote: 5-0

d) Discussion of gravel pit restoration fund/account. The Board discussed the logic behind the current 5 cents/cubic yard formula for building restoration funds and noted the fact that the ordinance requires that that such funds be handled by the Town. Currently, no operator has a permit that would require such a fund (although Mike Keene's immediate past permit did require one). The Board agreed to add these concerns to the list of discussion points on the Gravel Extraction Ordinance.

The Board set an Ordinance Workshop for September 21 at 7 p.m.

e) Possible error in Gravel Extraction Ordinance. During the Keene review, members noted that Application Item #5 does not require applicants for renewal to mark on the map the projected restoration for the coming permit period. Donaldson will check to see if this was somehow left out in the 2009 revision process.

7. Other Public Matters

Jordan observed that he thinks that the extension of Steve Joy's subdivision permit has lapsed or will soon lapse (subdivision located South of Pasture Way subdivision). Mr. Joy was to meet certain conditions before he could sell any lots in this subdivision. The Board asked that CEO Ford check the status of the permit extension and, if it has lapsed, notify Mr. Joy of that fact.

The Board discussed the question: If the permit has lapsed, does that mean that the parcel now returns to its pre-subdivision form and use?

8. Ordinance Matters

9. Next Meetings:

Site Walk scheduled for Tuesday August 23 at 4:30 p.m.

September Meeting: September 6, 6:30 M. Keene Pit Public Hearing, followed by regular monthly meeting.

Ordinance Workshop September 21 at 7 p.m.

10. Adjourned 8:40 p.m.

Respectfully submitted,

Gordon Donaldson, Secretary