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Lamoine Planning Board Minutes

February 7, 2012 (Approved March 6, 2012)

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

Code Enforcement Officer Present: Acting CEO Jordan

Members of the Public: T. Carter, W. Alley, M. Harriman, R. Simons, E. Payson

  1. Chair Holt called the meeting to order at 7:05 p.m.
  2. Consideration of Minutes
    1. Two corrections to the Jan. 3, 2012 minutes were made. Moved by Fowler (Jordan) to accept the minutes as corrected. Approved: 4-0 (Holt, Donaldson, Fowler, & Jordan were present at the time)
  3. Code Enforcement Officer's Report
    1. Permits Issued
    2. Enforcement Actions - It was noted that the Code Enforcement Officer still has not inspected the site of the Strum/Cecere complaint, Map 10 Lot 7-1A, to ascertain if the structure has been removed. This is the third month running that no enforcement action has been taken on this matter. Interim CEO Jordan said he would address the matter. Moved by Fowler (Jordan) to accept both reports. Approved: 4-0
  4. Conservation Commission No member present
  5. Old Business
    1. Wayne Alley/Toni Carter (Map 7 Lot 4-1) Application for Change of Use (General Contractor to Auto Repair)
      1. Large Commercial Building Permit: Completeness Review - The Planning Board reviewed the application, following the requirements of the Development Plan (Building and Land Use Ordinance, Section 15 E Industrial Structures, as required under Section 15 D, Commercial Structures, for “large commercial structures” – subsection 4). Board members present (Holt, Donaldson, Fowler and Jordan) found the application complete by votes of 4-0 on all items except:

The Board found the Large Commercial Building Permit Application complete with the condition, agreed to by the applicant, that the fee would be paid as soon as it is determined. Chairman Holt called a Public Hearing to order at 7:33 to consider a Site Plan Review Application and a Large Commercial Building Permit Application, both submitted by Wayne Alley/Toni Carter (Map 7 Lot 4-1).

Wayne Alley described their plans to do small and large motor maintenance and repair and other mechanical repair work on vehicles; it will not include body work or painting; this work will be both contracted work and retail; the business currently employs 4 people and will be moving from its current location in roughly a year; the business is currently 14 years old. Questions were raised regarding: the road entrances (3 were described but do not appear on the map); and buffering the operation from the old R. King home, given the fact that the commercial building setback from the boundary with the home is non-conforming (grandfathered). E. Payson and R. Simons, neighboring land owners, noted that they had no questions and that the information presented had been helpful.

Chair Holt closed the Public hearing at 7:42 p.m.

5 a. Old Business: Alley/Carter applications (continued)

  1. The Planning Board reviewed the Large Commercial Permit Application for Change of Use, following two sets of review criteria:
    1. Building and Land Use Section 7B (4), General Review Criteria - The Board found by votes of 5-0 that the application met all criteria except (f.) water quality and quantity (vote: 0-5) due to the presence of an open drain in the center of the large bay that drains directly into the ground. (See form for notes) Members Holt, Fowler, Donaldson, Tadema-Wielandt, and Gallagher now voting.
    2. Building and Land Use Section 15F - The Board found by votes of 5-0 that the application met all criteria except #10 Groundwater Protection (0-5), concerning the drain noted above. The Board found that criteria #11 Flood Protection, #23 Soil Suitability, #14 Other On-Site Waste Water Disposal did not apply. Discussion also yielded the following information and observations:
      • Criterion #8: Applicant stated that no outside storage of parts, etc. will occur. The desirability of a buffer between the shop and the old King home was noted but not required, due to the fact that the building, though non-conforming for commercial purposes, is grandfathered.
      • Criterion #15 Land Use: the building is nonconforming with regard to setback from the road, but is grandfathered. No landscaping is proposed.
      • Criterion #16 Signs. Applicant stated that he plans to use the existing sign; he will need to acquire a sign permit from the CEO that conforms to the size and height requirements stated in the BLUO.

Moved by Fowler (Gallagher) to grant the Commercial Permit for a Change of Use with the condition that the applicant seal the drain in the main bay to prevent fluids from draining directly into the soil. Approved 5-0.

Moved by Donaldson (Fowler) to request the applicant to obtain a letter from the Fire Chief indicating that he has reviewed the plan for this change of use and, if appropriate, make recommendations for fire prevention and fighting purposes. The applicant indicated his agreement with this request. Approved 5-0.

    1. The Planning Board reviewed the Site Plan Permit Application from Alley/Carter (Map 7 Lot 4-1) following the criteria required in the Site Plan Review Ordinance. The Board found by a vote of 5-0 that the application met all criteria except for:

      #3. Vehicular Access due to the fact that road entrances and driveways were not marked on the plan map (vote: 0-5); and

      #10 Groundwater Protection, due the presence of the open drain in the main bay (vote: 0-5).

Moved by Fowler (Gallagher) to grant the Site Plan Permit with two conditions:

  1. that vehicular entrances from Douglas Highway and driveways be clearly marked on the plan and conform to the requirements of the ordinance; and
  2. that the open drain in the main bay be sealed to prevent fluids from draining directly into the soil.

Approved by a vote of 5-0

  1. New Business -Records Storage. The Board discussed the memo from Stu seeking advice on reducing the volume of records in the vault. The Board noted the importance of retaining:
    1. initial permits for any development (subdivision, gravel pit, large development requiring Site Plan Review);
    2. any permit for a change of use or amendment;
    3. the current permit governing the development or operation.
    4. ALL copies of gravel pit maps (one copy of each revision) and photographs documenting operations over time.
  1. Other Public Matters - P. Fowler raised the question: At what point does the Board need to receive a gravel pit permit application in order that gravel operations will be continuously permitted through the re-permitting process? After discussion, it was the consensus of the Board that the application should be under consideration by the Board in the month prior to the expiration of the “old” permit . That is, the new permit application must be filed with the Town Office approximately six weeks prior to the month in which the old permit expires.
  2. Ordinance Matters - Ordinance Workshop scheduled for Feb. 21, 2012 at 6:30. Holt and Donaldson distributed draft revisions for the Board to consider prior to this meeting. (Sure!)
  3. Next Meetings:
  1. Adjourned at 9:20 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary