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Lamoine Planning Board

Minutes of September 6, 2011

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

Code Enforcement Officer Absent: D. Ford

Members of the Public M. Keene and partner (arrived at 7:14 p.m.)

  1. Call to Order

Chairperson Holt called the meeting to order at 6:31 p.m. and opened the Public Hearing on the Gravel Permit renewal application of Mike Keene, Map 4 Lot 41-A. No members of the public were present, nor was the applicant. Chairperson Holt closed the Public Hearing at 6:32 p.m.

  1. Consideration of Minutes

Moved (Gallagher, Tadema-Wielandt) to accept the August minutes as circulated. Approved 5-0.

  1. Code Enforcement Officer's Report
    1. Permits Issued

    Holt noted for the record that A. Hessert had installed a septic system and a foundation prior to the issuance of a Building Permit after the Planning Board had, in July, specifically voted not to grant permission for Mr. Hessert to make these installations. Jordan noted that the fire tank (requirement for final approval of the subdivision permit) was completed prior to the two installations.

    1. Enforcement Actions

    Both reports were accepted as written.

  2. Conservation Commission No members present.
  3. Old Business
    1. Consideration of M. Keene's Gravel Permit renewal, Map 4, Lot 41-A.

    The Board reviewed the conditions from last month's “completeness review” and found that Mr. Keene has provided on the map a projected restoration area and has corrected the figure describing volume of gravel removed in the past year. Regarding the condition that he extend contour lines 100 ft. beyond the lot boundaries on the map, Mr. Keene requested that we accept the map as it was due to cost considerations.

    Moved (Donaldson, Gallagher) to waive this condition. Approved 4-1 (Tadema-Wielandt)

    Findings of Fact:

    The Board's review proceeded routinely until Section 8D, Restoration. Following discussion regarding the possibility that more of the pit had been or could be restored, an initial vote on this criterion was 1 “yes”, 1 “no” (Donaldson) and 3 abstentions. Moved (Jordan, Tadema-Wielandt) to table the application until Mr. Keene could be present. Approved: 3 – 1 (Fowler) – 1 abstention (Holt)

    No sooner had the Board taken this action when Mr. Keene arrived (7:14 p.m.). The matter was taken off the table by consensus. Discussion over the Restoration Plan ensued. Mr. Keene agreed that he could expand the projected restoration area along the SE boundary marked “as per agreement” (formerly Aubrey Davis property boundary) because it can no longer be worked. Other boundaries can still be mined, according to Mr. Keene.

    Moved (Fowler, Gallagher) to accept this revised plan relating to Section 8D.

    Approved: 5-0.

    The Finding of Fact concluded with positive findings on all criteria with the condition that Mr. Keene submit a further revised map showing the enlarged Projected Restoration area.

    1. Letter from S. Joy regarding the lapsing of his Raccoon Hollow subdivision permit was accepted. Mr. Joy appears to intend to let the permit lapse and to put part of the property in tree growth.
    2. The Board accepted a letter from Fire Chief George Smith regarding the plan for fire protection for the SW Boatworks project.
    3. Survey: Many citizens have returned the Board's survey on planning preferences. Holt and Gallagher volunteered to begin tabulating the results.
    4. Gott v. Lamoine case: no court date has been set yet.
  4. New Business
    1. The Board asked Donaldson to inform Jo Cooper and the Select Board that we think it would be productive to hold a public informational meeting on the new MUBEC building code and the options for the town.
    2. The Board discussed whether to respond to a letter from Ransom Environmental offering services in anticipation of new flood plain mapping by the federal government. We declined.
    3. The Board accepted a letter from the Maine Department of Environmental Protection approving the March 2011 amendments to the Lamoine Shoreland Zoning Ordinance and recommending several specific “updates” that we should make to the Ordinance to bring it into conformance with new state ordinance language.
  5. Other Public Matters
  6. Ordinance Matters

Ordinance Revision Workshop: Sept. 21 at 7 p.m. Donaldson handed out notes from the PB's “ongoing list” of possible revisions. He also recommended that members review the Mining Ordinances from the towns of Washington and Appleton.

  1. Adjourned at 8:02 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary