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Lamoine Planning Board

Minutes of January 3, 2012

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

Code Enforcement Officer Present: D. Ford

Members of the Public R. Brey, I. Simon, R. McMullen, T. Carter, W. Alley, M. Harriman

Public Hearing on R. McMullen's Commercial Building Permit Application (Map 4 Lot 21-A) to construct a salt/sand shed.

1. Chairperson Holt called the Public Hearing to order at 6:32 p.m. Iris Simon (abutter to the West) asked two questions: 1) will the hot top extend outside the building to accommodate any piles of salt/sand outdoors? And 2) will drainage from the shed run onto her land to the West which is under a conservation easement to the Frenchman's Bay Conservancy and harbors vernal pools. Her concern in both instances was possible damage to her land/the environment from salt run-off.

Richard McMullen submitted a written statement (addendum to the application) stating that no salt will be dumped or stored outdoors.

Examination of the site plan indicated that run-off would most likely occur “down the driveway” toward Rte 204.

Richard Brey (abutter to the East) expressed concern about the exposure of his home/lot to the proposed shed visually and with regard to noise. R. McMullen was agreeable to planting a buffer to accommodate Mr. Brey's concern.

No other questions or comments were heard.

Chairperson Holt closed the hearing at 6:46 p.m.

January Meeting of the Planning Board

1. Chairperson Holt called the meeting to order at 6:47 p.m.

2. Consideration of Minutes - Gallagher (Tadema-Wielandt) moved to accept the minutes of the December 6, 2011 meeting as written. Vote: Approved 5-0

3. Code Enforcement Officer's Report

a. Permits Issued - Report accepted by acclamation.

b. Enforcement Actions

CEO Ford was asked again whether the Strum/Cecere violation had been resolved. He again noted that he had not had the chance to inspect.

4. Conservation Commission

Carol Korty reported that a new member has been appointed to the Commission and that they are hoping to host an expert on the impact of global warming on shorelands at a public meeting this winter.

5. Old Business

a) Action on Commercial Building Permit Application (Richard McMullen, Map 4, Lot 21-A, salt-sand storage shed).

The Board evaluated the application on each of the Review Criteria with the following points drawing discussion:

Buffer : Bamman suggested that a buffer be included in the plans. Discussion among Board members, R. Brey, and R. McMullen led to agreement that a row of 4-6 foot evergreens to buffer sight lines and noise between the shed and Mr. Brey's house would be appended to the permit as a condition.

Pollution Exposure : Tadema-Wielandt suggested that indoor delivery and storage of all salt be added as a second condition in order to avoid “undue water, soil, or air pollution”.

The Board found the application in conformance with all review criteria, with the two conditions noted above.

Donaldson (Gallagher) moved to grant the permit with two conditions:

a. that the applicant plant a row of 4-6 foot evergreen trees to buffer sight lines and noise beween the shed and Mr. Brey's house/property and that this be accomplished by September 1, 2012. [Bamman agreed to visit the site to monitor compliance.];

b. that all dumping and storage of salt take place inside the shed.

Vote: Approved 5-0.

b) Site Plan Review Application Completeness Review (W. Alley/T. Carter; Map 7 Lot 4-1) for auto repair/small engine repair business.

M. Harriman, on behalf of the applicants, provided a new map and new packet of application information at the meeting (Note: the Board did not have these materials two weeks prior to this meeting).

The Board examined the revised application in light of the list of information found missing at the December 6, 2011 meeting (see minutes and review form). This resulted in the Board's finding that information was available regarding application items required under Section I as follows: 4-c, 4-d, 4-f, 5-a, 5-d, 5-h, 5-i, and 5-j. Votes on these were all 5-0 finding the information present.

Gallagher (Bamman) moved to find the Site Plan Review Application complete. Vote: Affirmative 5-0.

A Public Hearing will be scheduled for February 7, 2012.

Chairperson Holt reminded the applicants that they were also required to obtain a Commercial Building/Use Permit (Building and Land Use Ordinance, Section 15 D; application procedures for this “larger commercial building structure over 2,000 square feet are those required under Section 15E).

M. Harriman stated to the Board that all the information required could be found in the Site Plan Review Application. He had not, however, prepared an application for this permit.

The Board reviewed for Mr. Harriman the requirements for the Development Plan (BLUO Section 15 E 5, pages 45-7) and stated that a written application must be submitted with all applicable information and fees included. Alley/Carter will provide the application by the deadline for the February meeting.

c) R.F. Jordan Gravel Pit (Map 4 Lot 8) – verification that conditions on recent permit have been met.

S. Salsbury, on behalf of R.F. Jordan, has submitted a letter indicating Jordan's intention to establish an escrow account with the Town for purposes of funding future reclamation of the pit site. (see file) The Board agreed that the permit conditions have been met and that the permit is now operational.

d) Status of R.J. King Pit (Map 7 Lot 3-2) now owned by PCJ LLC.

Holt has written to Patrick Jordan inquiring into his intentions regarding operation of this gravel pit. S. Salsbury responded on behalf of Mr. P. Jordan indicating that PCJ LLC “intends on continuing the excavation of gravel within the 4.5 acres as permitted in 2009 and will comply with the provisions of the permit in so far as possible.” (see file)

Holt responded in writing, noting that the Planning Board had reached consensus at its December meeting that this pit is “discontinued” because less than 200 cubic yards of material had been removed in the 12 months prior to Mr. King's death. Assistant CEO M. Jordan stated that he witnessed trucks leaving the pit prior to Mr. King's death and that he is of the opinion that more than 200 cubic yards of material had been removed. There is no record of annual removal filed with the Town. Holt further reported that S. Salsbury indicated that PCJ LLC intends to apply for its own permit in the next month or two.

Board members noted that the next revision of the Gravel Ordinance should include clear instructions regarding the transferability of gravel extraction permits when the land on which a pit operates changes ownership. Tadema- Wielandt will bring draft language on this matter to the next workshop.

6. New Business - None

7. Other Public Matters – None

8. Ordinance Matters

Workshop January 17 at 7:00 p.m. to continue work on Gravel Ordinance revisions and discussion of the survey results and their implications for other ordinance/planning changes.

9. Next Meetings:

10. Adjourned at 8:24 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary