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Lamoine Planning Board

Minutes of December 4, 2012

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

Code Enforcement Officer Present: M. Jordan

Members of the Public Michael Walsh (Summit Environmental Consultants), Mike Deyling (Summit Environmental), P. MacQuinn, S. Salsbury, E. Bearor, C. Korty, W. Brutsart, C. Gaianguest and a reporter

  1. Chair Holt called the meeting to order at 7:01 p.m.
  2. Consideration of Minutes - After Donaldson reviewed editorial corrections to the Draft November minutes, Gallagher moved (Tadema-Wielandt) to approve them as revised. Motion carried, 5 – 0.
  3. Code Enforcement Officer's Report
    1. Permits Issued. Written report accepted.
    2. Enforcement Actions. Written report accepted (no new actions).
  4. Conservation Commission - C. Korty announced that the Commission is putting the finishing touches on their Open Space Study and will be presenting it publically January 9, 2013.
  5. Old Business
    1. Gravel Extraction and Site Plan Review Permit Applications from Harold MacQuinn, Inc (Map 3 Lots 31 and 33). - The Site Plan Review application was found incomplete at the November meeting. The applicant submitted 12/3/12 to the Town Office revisions of several sections of the application addressing the list of items found missing or incomplete in November. S. Salsbury reviewed these materials. The Planning Board found by votes of 5-0 that the following application sections were now complete:

I-2 (the Board confirmed that the transparency can be submitted at the end of the process); I-3e (date on Purchase and Sale agreement is extended to 4/30/13); I-4g (see map); I-4e (wetlands study has been completed by W.W. Cole and is included); I-5e (drawings on new map and description on p. 72 address the plantings on the berm)

Salsbury also guided the Board through additional information in the revised materials that addressed several requests made by the Board in November. The Board thanked the applicant for providing this added information and clarification.

Holt requested further clarification on Map C1.0 to make it absolutely clear a) the outside boundary of the areas of proposed extraction; b) which areas pertain to the Site Plan Review (cross-hatch) and which pertain to the Gravel Ordinance (gray); setback lines must be presented as the legend indicates.

Moved by Donaldson (Gallagher) that the Site Plan Review application be found complete. Motion passed, 5-0.

A public hearing on both applications was set for January 8, 2013 at 6:30. The applicant agreed to this date, despite the fact that it is later than the 30 days from Dec. 4 prescribed in the ordinance.

Holt announced that, now that the applications are complete, they will be available at the Town Hall for members of the public to review. He further noted that, following the Public Hearing and during the Board's deliberations, the Board can request further information.

Informational Presentations

The applicant's representatives provided further information regarding materials in the application and questions raised during the Site Walk November 17, 2012.

  1. Steve Salsbury - further alterations to the application
      1. Buffer along Rte 184: the plan is to loam and seed the entire bank and to plant trees in those areas currently not forested (see map C2.0)
      2. Southerly access road: The maps now show the road moved northward, away from the boundary, providing a 75 foot buffer between neighboring properties and the road that many trucks will use. The buffer will be revegetated where necessary.
      3. Wetlands study: now complete; it located two additional wetlands on the easterly portion of the property, both outside the areas of proposed operations covered by the application
    1. Hydrogeological Study (p. 75) Mike Deyling, Summit Environmental - Mr. Deyling explained the geology of the parcel and the depths and directions of flow of groundwater beneath it. (See three documents presented at this meeting.) Among his observations were:
      1. “the geology is complex”; there are a lot of changes in the formations in the area;
      2. Summit's “interpretation” is that groundwater under the projected area of extraction (sand and gravel) flows away from the Cold Spring Water Company and tends to move toward the Jordan River.
      3. Water beneath the Cold Spring Water Company “perches” on top of a silt/clay layer and tends to flow toward Archer Brook
      4. Groundwater levels in the projected extraction area are below the levels under the Cold Spring Water Company

    He summarized by restating that the quantity of groundwater will not be threatened because the applicant cannot dig below the 5 foot separation mark and that quality will not be affected because all “contaminant sources appear to be very controlled.”

    Holt noted that data from the Cold Spring Water Company was submitted to the applicant indicating that some groundwater levels near the projected extraction area are above those of the Cold Spring Water Company.

  1. Restoration Plan, Storm Water Management Plan, and Erosion and Control Plan. (see appendices of application). Mr. Michael Walsh, Summit Environmental. -Mr. Walsh reviewed the three plans, noting:
      1. that the pit is internally drained;
      2. that the “benching” with “vegetated swales” and the use of “downshutes” will offset any erosion caused by excavating such a large area
      3. that the restoration will be executed “when all the extraction is complete” (in contrast to descriptions in Appendix B)

W. Brutsart and Holt inquired into how it was determined that the floor of the pit was at least 5 feet above the groundwater. M. Beyling confirmed that the pit design and maps are “predicated on the hydrogeological study”.

Donaldson asked about the plan to leave up to 5% of the approximately 100 acres of the project “as gravel roads”. M. Walsh explained that this figure was generated by the computer model and that the area “probably won't be this large”.

The Planning Board thanked the applicant and consultants for the presentations.

Members of the public inquired about having these presentations repeated for the Public Hearing. They were informed by M. Jordan that they can obtain a DVD of the video of this meeting.

  1. New Business
    1. Holt reported that the Board of Selectmen need to be asked to place the revisions to the Gravel Ordinance and Site Plan Review Ordinance on the warrant for the March 13 Town Meeting. Moved by Donaldson (Gallagher) to make this request. Motion passed, 5-0.
    2. MUBEC. The CEO reported that the Board of Selectmen will poll the town's citizens on whether to adopt the state's new MUBEC building standards. This matter will require future ordinance revision.
    3. The Board discussed whether to join the Hancock County Planning Commission. We agreed to inquire into costs and services.
  2. Other Public Matters - None
  3. Ordinance Matters - Gravel Ordinance revision workshop set for Dec. 12, 6:30 p.m., at the Lamoine School.
  4. Next Meetings: December 12, Ordinance Workshop, 6:30 at the Lamoine School, January 8, 2013 6:30 p.m., February 5, 2013
  5. Adjourned at 8:57 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary