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Lamoine Planning Board

Minutes of May 1, 2012

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

Code Enforcement Officer Absent: D. Ford

Members of the Public Roseanna Rich; Larry Libby; Richard McMullen

  1. Chairperson Holt called the meeting to order at 7:00 p.m.
  2. Consideration of Minutes

    Gallagher (Bamman) moved to accept the April 3 minutes as amended. Approved 5-0.

  3. Code Enforcement Officer's Report

    Accepted as presented without discussion.

  4. Conservation Commission

Larry Libby reported that the Conservation Commission continues to work on their Open Space report and expects to finish it within six week. The report will include a demographic profile, a trail survey identifying trails on both public and private property (where such trails are open to public use), a habitat survey, and identification of the aquifer vis a vis the town's open space.

Donaldson inquired whether the report will identify public points of access to the shore. Currently, this is not in their plans.

The Commission will host a presentation on Lyme Disease May 9 at the Town Hall.

New Business (taken out of order to accommodate members of the public)

  1. Richard McMullen. Commercial permit application. (Map 4 Lot 21-A)

    Mr. McMullen described his request for a “change of use” permit for the commercial use of the lot (currently approved for his lawn care business and a salt-sand shed). He seeks to add the retail sale of new and used trailers, flatbeds, dump bodies, and salt-sand spreaders.

    Application materials were not fully detailed. After discussion seeking clarification of Mr. McMullen's plans, the Planning Board requested that Richard provide the following information:

    1. Where will the items to be sold be stored and will the ground require preparation, such as stripping vegetation or hauling in gravel, for this purpose? (mark on map the size and location of this area, with setbacks to relevant structures and boundaries)
    2. Will there be any roadside signage or evidence of this business?
    3. What screening will be installed, if any, and where? (map)
    4. Will the new business require that the “shop” structure be used for any new purposes?
    5. How much traffic is anticipated for this business?
    6. Where will customers park?
    7. What will be the hours of operation?

    It was suggested that a new, less cluttered map would assist in the review.

    Mr. McMullen agreed to submit a more complete application for the Board's review.

  2. Roseanna Rich (Map 9 Lot 9), application for commercial permit.

    Ms. Rich is applying for a “change of use” permit for a property she intends to purchase. Current owner is Randy Sinclair; the home has a second floor apartment (rented); Ms. Rich intends to live on the first floor; and the space “above the garage” (approx. 900 sq. ft.) will be converted to a second apartment. Access to the two apartments would be from external staircase and from a staircase from the garage.

    Based on this description, the Board agreed that this was a “change of use” from a two-family dwelling to a multi-family dwelling, thus requiring a Site Plan Permit (see Section G3 of the Site Plan Review Ordinance).

    Discussion ensued regarding the construction that would be done and whether a Building Permit was required. The space has a kitcheonette, its own entry, a bathroom. According to Ms. Rich “only finish work is required. The Board determined that this did not require a Building Permit.

    Discussion revealed that the property contained neither enough acreage nor enough road frontage to accommodate a three-dwelling use. (See Table of Uses, Building and Land Use Ordinance.) Ms. Rich plans to purchase sufficient acreage (120,000 sq. ft.) to conform with the requirements.

    Various possibilities were explored for bringing the project into conformance with road frontage requirements. None were deemed satisfactory. Several Board members stated that, unless these two requirements are met, the permit application cannot be approved.

    After the Board performed a completeness review of the application, the Board found a number of items insufficiently detailed or missing:

    • 2. Need to include a map that depicts all boundaries, including the second parcel that will bring the total acreage to the required amount, and all buildings and structures and all setbacks.
    • 3f. Provide this information if and when a survey is performed.
    • 4b. Provide boundary-line bearings and distances for both parcels involved in this project.
    • 4e. Add: this property is located over the aquifer.
    • 4g. Indicate on map the direction of runoff flow.
    • 5d. Add setbacks to map.
    • 5l. Add a statement regarding protection of aquifer.
    • Section K 1. Address a through d.

    Under the provisions of Section I7, the Board agreed that the applicant need not provide the following:

    • 2. A transparency.
    • 4f. Ground floor elevations.

    Moved by Holt (Gallagher) to find the application complete with the exceptions noted above. Approved: 5-0.

    The Board suggested that the applicant submit the missing information within three weeks. If she does so, the Board will hold a site visit to the property Tuesday May 29 at 3 p.m. and a Public Hearing will be held June 5 prior to the monthly Planning Board Meeting (7 p.m.).

  3. Old Business
    1. Jay Fowler/Gerald Jordan Gravel Extraction Permit. Map 7 Lot 16.

    P. Fowler and M. Jordan recused themselves from consideration of this application.

    P. Fowler distributed a) a map showing the location of the pit over the aquifer; b) a plan for monitoring the separation of the pit floor from the seasonal high water level of groundwater; c) a deed.

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

    The Board reviewed the application in light of the ordinance's Performance Standards and found the application to meet all requirements. (See form)

    Gallagher (Tadema-Wieldandt) moved to approve the permit. Approved: 5-0.

    The Board advised P. Fowler that, in performing the restoration of the bank to the south and southwest (completing the 2009 plan), the banks should be brought to the proper slope prior to planting/revegetation. He willingly agreed.

    1. HORP Land, LLC./Perry Fowler Gravel Extraction Permit. Map 7 Lots 13 and 24.

    P. Fowler provided: a) correct name of property owner; b) correct name of operator; c) a new, clarified map revealing the location of the aquifer; and d) a plan for restoration for the coming three years.

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

    The Board reviewed the application in light of the ordinance's Performance Standards and found the application to meet all requirements. (See form)

    Donaldson (Gallagher) moved to approve the permit. Approved: 5-0.

  4. Other Public Matters - None
  5. Ordinance Matters

The Board scheduled a Workshop for May 15 at 6:30 p.m. at the Town Hall (unless otherwise notified by Chair Holt).

  1. Next Meetings:

Since our regularly scheduled meeting would fall on Tuesday July 3, the Board agreed to meet instead on Monday July 2 at the Town Hall (Holt to check on availability).

  1. Adjourned: 9:34 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary