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Lamoine Planning Board

Minutes of March 5, 2013

Planning Board Members Present: Holt, Bamman, Donaldson (6:46pm), Tadema-Wielandt, Fowler (alt)

Code Enforcement Officer Present: M. Jordan

Members of the Public  Mike Deyling (Summit Environmental), R. Pulver, P. MacQuinn, S. Salsbury, E. Bearor (attorney for the applicant), Elizabeth Boepple (attorney for Miro family), M. Miro, J. Miro, C. deTuede, D. Sanderson, (and others)

  1. Chair Holt called the meeting to order at 6:35 p.m. Holt asked if, in the absence of G. Donaldson, C. Tadema-Wielandt would act as Secretary pro tempore to which request, Tadema-Wielandt reluctantly agreed.
  2. Consideration of Minutes - For February 5, 2013 Planning Board Meeting Tadema-Wielandt (Bamman) moved to accept minutes as printed. Approved 4-0
  3. Code Enforcement Officer's Report
    1. Permits Issued – No report made (one permit issued)
    2. Enforcement Actions – No report made
  4. Conservation Commission - R. Pulver announced that the Commission has completed its Open Space Report and he praised Fred Stocking, the report's primary author, for a job very well done. Pulver also noted that it is the Commission's belief that the Town's Comprehensive Plan is in need of an update.
  5. Old Business
    1. Site Plan Review Permit Application from Doug Gott & Sons, Inc. for an expansion of the B & H Pit. (Map 3, Lots 6 & 8) - Chairman Holt reviewed the history of the prior application for this same property (denied, and upheld by both the Appeals Board and the Superior Court), and stated that, according to the MMA manual, the Board has no legal obligation to consider a new application for a permit that is virtually identical to a previously denied application.

    S. Salsbury declared that the new plan uses 100 foot setbacks for the new portion of this proposed pit (Map 3, Lot 8) as the revised Gravel Ordinance will require. After some discussion of this issue, Tadema-Wielandt suggested that the Board should at least review the application for completeness, and if it is deemed to be complete, the issue of whether to act upon it could be dealt with at a subsequent meeting. This was unanimously agreed, and the Board commenced its completeness review of the Site Plan Review application.

    The Board found information present for all required sections of the SPR application (with the understanding that a mylar will be provided at a later date). Moved by Donaldson (Bamman) to find the application complete. Approved 4-0-1 (Donaldson)

    1. Gravel Extraction Permit Application from Doug Gott & Sons, Inc. for an expansion of the B & H Pit. (Map 3, Lots 6 & 8). - The Board reviewed the Gravel Permit Application and found information present for all required sections of the Gravel Ordinance application, save for an inaccurate statement of ownership under item #1 (should read “Tim Gott et al.”) Moved by Donaldson (Bamman) to find the application complete with the condition that item #1 be corrected. Approved 5-0.

    Note: The Town's review form omits item #5 (maps) and is numbered incorrectly. The application does include the required information.

    Chair Holt again raised a question regarding whether this application is different from the previously denied one. The Maine Municipal Association's Planning Board manual clearly states that boards need not consider repeated applications unless they are “substantially” different from the previously denied application.

    Salsbury stated his opinion that “doubling” the setback on one side of the lot from 50 feet to 100 feet makes the application more in conformance with review criteria.

    After some discussion, Bamman (Tadema-Wielandt) moved to table any further action on this matter until the next meeting. Approved: 4-1 (Fowler)

    1. Gravel Pit Expansion – Harold MacQuinn, Inc (Map 3 Lots 31 & 33) - Chair Holt reviewed the history of these applications (SPR and Gravel) to date and confirmed with the applicant that no further information has been submitted since the last meeting. The Board briefly discussed its next steps regarding these applications. Mr. Bearor, attorney for the applicant, urged the Board to identify any aspects of the applications that are of concern and/or for which it may require further study. Donaldson suggested that the Board focus on those review criteria where members feel the information provided is insufficient and that we avoid evaluating the application against the criteria at this point. Fowler suggested we walk through the review criteria for each ordinance to ensure we hit them all.

    Before proceeding, Chair Holt announced that he had spoken with Maine Municipal Association regarding Gallagher's absence and whether, if an alternate voted tonight, it would disqualify Gallagher from participating in the remainder of the review of these two applications. He was told that an alternate may vote tonight and, providing Gallagher thoroughly acquaints himself with the minutes and video of this meeting, he may resume his place as a voting member of the Board vis a vis these applications.

    The Chair also announced that, if the Board received additional information from the applicants, it has the right to require another public hearing.

    The Board addressed the Review Standards in the Site Plan Review Ordinance , expressing concern about the following:

    1. Preserve and Enhance the Landscape:
      1. Groundwater Protection:
      1. Noise: Risks to the value of neighboring properties.
      1. Comprehensive Plan: Concerns about the “encroachment” of gravel extraction operations on the residential character of the town; where is the proper “balance” between “residential” and “large industrial development”, particularly so near the most “built-up” area of the community?
      1. Conservation, Erosion and Sediment Control:

The Board addressed the Review Criteria in the Gravel Extraction Ordinance, expressing concern about the following:

  1. erosion or sedimentation: (See SPR #18 notes above)
  2. water pollution…existing groundwater (See SPR#10 notes above)
  3. natural beauty: •  Public testimony raised concerns repeatedly on this matter; difficult to know how to “measure” “aesthetics”.
  4. public ways (See SPR #3 notes above)
  5. surrounding properties:
  1. Performance Standards (these relate to the company's operations)

Summary Discussion:

Holt will contact Ransom, as noted above.

Bearor indicated that the applicant will look into a) completing the wetlands study (likely not until April); and b) obtaining a comprehensive study of wildlife habitats (“flora and fauna”) on the entire parcel.

If we do not meet with Ransom (or other firm) prior to our April Meeting, we will communicate at that point regarding progress on these plans.

  1. New Business
    1. Revised excavation plan – Harold MacQuinn, Inc (Map 3 Lot 42) - The company does not plan to do further excavation beyond that described on the maps submitted for the last permitting cycle.

Adjourned at 9:13 p.m.

Respectfully submitted (and with thanks to C. Tadema-Wielandt),

Gordon Donaldson, Secretary