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Lamoine Planning Board

Minutes of April 3, 2012

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

Code Enforcement Officer Absent: D. Ford

Members of the Public: Kathleen Maynard, Michael Hamby (PJC, LLC), Steve Salsbury (PJC, LLC), Tony Beardsley

Public Hearing on the application by PJC,LLC for a gravel extraction permit (Map 7 Lot 3-2)

Chair Holt being absent, Vice Chair Bamman called the hearing to order at 7:04.

K. Maynard inquired what type of operations were anticipated for the pit and about the noise likely to be generated. S. Salsbury stated that there would be no blasting, no grinding, and perhaps some screening in addition to the typical excavation and trucking of sand and gravel. He stated that this pit will “not be used frequently” – at the busiest, “7-8 trips per hour”.

No other questions were posed.

Vice Chair Bamman closed the hearing at 7:11.

April Planning Board Meeting

  1. Vice Chair Bamman called the meeting to order at 7:11 p.m.
  2. Consideration of Minutes

After members noted several corrections to the draft minutes of March 6, Gallagher (Tadema-Wielandt) moved to approve the minutes as amended. Approved: 5-0

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

    Assistant Code Enforcement Officer Jordan reported that he had visited the site of the violation on Woodcock Land, but could find no evidence of it. He will consult with the Code Enforcement Officer before the next meeting. Reports were accepted by acclamation.

  2. Conservation Commission – No report
  3. Old Business
    1. Gravel Permit Application from PJC, LLC (Map 7, Lot 3-2)

      The Planning Board reviewed new information submitted by the applicant found missing at the completeness review, March 6. It found: a) contour lines were present; and b) a financial capacity statement was present. Fowler (Gallagher) moved to find the application complete. Approved 5-0. (Jordan and Fowler voting; Tadema-Wielandt was not present March 6.

    The Planning Board evaluated the application in light of the Review Standards in the Gravel Ordinance, finding that it complied with all criteria with the exception of 8D. The letter from Bar Harbor Banking and Trust attesting to the applicant's financial capacity to restore the pit was dated 2009 and was not addressed to the Town of Lamoine.

    Moved by Bamman (Jordan) to approve the gravel permit with one condition: that the applicant provide the town a financial capacity letter from a bank that is addressed to the town and that bears a current date. Approved: 5-0.

    1. Site Plan Permit Application from PJC,LLC (Map 7, Lot 3-2)

    The Planning Board reviewed new information submitted by the applicant found missing at the completeness review, March 6. It found present information pertaining to Application items I 2, I 4b, I 4e, and I 5e. Regarding item I 4e, the site map now shows the boundary of the aquifer (note that this is the easterly boundary; the aquifer stretches westerly from this boundary to Rte. 184).

    Jordan (Donaldson) moved to find the application complete. Approved: 5-0.

    The Planning Board evaluated the application in light of the Review Standards in the Site Plan Review Ordinance (J 1-20 and K 3), finding that it complied with all criteria with the exception of J 20, Financial and Technical Capacity. The letter from Bar Harbor Banking and Trust attesting to the applicant's financial capacity to restore the pit was dated 2009 and was not addressed to the Town of Lamoine.

    Moved by Gallagher (Jordan) to approve the Site Plan permit with one condition: that the applicant provide the town a financial capacity letter from a bank that is addressed to the town and that bears a current date. Approved: 5-0.

  4. New Business
    1. Request of Estate of Richard J. King, Inc. to remove covenants from Subdivision plan (Map 7 Lot 4-1-10 Map 3 Lots 47-2,3,4) approved 9/2/03 (Original Plan map dated 6/19/03; Final plan at Hancock County Registry of Deeds, File 32 #17).

    Tony Beardsley presented a Revised Final Subdivision Plan (map dated 3/18/12) and a letter he sent to the planning board on this matter (dated March 21, 2012) explaining the Estate's request to remove the original four covenants listed on the subdivision map and to replace them with one covenant addressing ownership of the subdivision road.

    After discussion, the Planning Board reiterated its past position that it only reviews covenants to ensure that they are clearly stated and present on the map for buyers to read and understand.

    Fowler (Gallagher) moved to approve this amendment to the Subdivision Plan. Approved: 5-0.

    1. Gravel Permit Renewal Application, Perry J. Fowler (Map 7 Lot 13/24).

    Member Fowler recused himself from the consideration of this permit application.

    The Planning Board reviewed the application for completeness, finding all required information present with the exception of application items #1 (owner information), #2 (operator information), #10 (restoration plan), and #12 (PB requested the applicant provide a map of the aquifer showing how the pit overlays the aquifer).

    Moved by Donaldson (Gallagher) to find the application complete with the condition that the applicant provide the missing information by the May Planning Board meeting. Approved: 5-0. (Jordan voting)

    1. Gravel Permit Renewal Application, Jay A. Fowler (Map 7 Lot 16; property owned by Gerald and Mildred Jordan).

    Members Fowler and Jordan recused themselves from the consideration of this permit application.

    The Planning Board reviewed the application for completeness, finding all required information present with the exception of application item #12 (PB requested the applicant provide a map of the aquifer showing how the pit overlays the aquifer) and item #14 (provide a plan that describes how separation from water table will be monitored).

    Moved by Gallagher (Tadema-Wielandt) to find the application complete with the condition that the applicant provide the missing information by the May Planning Board meeting. Approved: 4-0.

    A Site Visit to both pits was scheduled for April 18 at 4:30 , starting at the P.J. Fowler pit.

  5. Other Public Matters – None discussed.
  6. Ordinance Matters – None discussed.
  7. Next Meetings:
  8. Adjourned at 9:34 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary