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Planning Board Minutes

April 2, 2013

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: S. Salsbury, P. MacQuinn, S. Workman, S. Workman, C. Korty

  1. Chair Holt called the meeting to order at 7:01 p.m.
  2. Consideration of Minutes - Moved by Bamman (Gallagher) to approve the March 5, 2013 minutes as written. Approved: 5-0.
  3. Code Enforcement Officer's Report - Accepted “Permits Issued” and “Enforcement Actions” reports without discussion.
  4. Conservation Commission - C. Korty reported that the LCC plans to distribute the Open Space Report to other communities along the coast.
  5. Old Business
    1. Harold MacQuinn, Inc. Gravel Extraction Permit and Site Plan Review Permit applications for expansion of pit operations, Map 3, Lots 31 & 33). - Chair Holt reported that he had contacted the several companies indicated in the March meeting regarding review and analysis of the hydrogeologic components of the applications. He received a proposal from Ransom Consulting, Inc. of Portland, ME.

    The proposal, submitted by Robert Gerber, includes reviewing the written materials in the application and relevant materials contributed by members of the public. (See letter dated March 14, 2013.) If the Planning Board chooses, it would include review of oral testimony. Ransom's work would proceed in two phases: 1) review of materials and report to the Board; 2) if more data collection and analysis from the site is recommended and the Board elects to have this done, Ransom will review these materials as well.

    The applicant has reviewed the proposal and agreed to pay the costs of this work as outlined in Gerber's letter.

    Donaldson (Tadema-Wielandt) moved that the Town contract with Ransom Consulting,Inc. to do the work outlined in the March 14, 2013 letter from Robert Gerber. Approved: 5-0.

    The Board also received a “Field Determination Form” dated 3/29/13 from the Maine Dept. of Environmental Protection Bureau of Land and Water Quality relating to the identification of “peatlands”. Wetland B does contain a peatland. This project would qualify for licensing “permit-by-rule” procedures.

    S. Salsbury inquired about the Board's request for additional study of wildlife in the area. Board members referred him to the letters in the application from Maine Department of Inland Fisheries and Wildlife (see, at least, pages 43 and 191). It was the consensus of the Board that, due to the 9-12 month duration of a comprehensive study by a biologist, this requirement could be delayed until such time as the applications were approved by the Board. Salsbury indicated that no gravel operations or removal of vegetation would occur in the newly permitted area(s) until the study was completed and showed that operations could proceed.

    1. Doug Gott & Sons. Gravel Extraction Permit and Site Plan Review Permit Applications (Map 3 Lots 6 & 8). - Chair Holt reviewed the March meeting's decision to table the applications in order to give Board members a chance to compare them with those submitted and denied in 2010-11. He also reported on a conversation with a lawyer at Maine Municipal Association regarding the Board's right to dismiss these applications unless they include “substantial revision” or unless conditions surrounding the application have changed significantly. He was told that “no hard and fast rule” exists for judging this and the informal recommendation of the lawyer was that the Board complete the application reviews. Board discussion revealed that there were only two changes from the denied applications: i. the excavation limit was increased to 35 feet from 30 feet; ii. the setback on the northern boundary was increased from 50 feet to 100 feet.

    Donaldson (Gallagher) moved to take the matter off the table and to act upon the applications. Approved: 5-0.

    A Site Walk was scheduled for Wednesday April 17 at 4:15 and a Public Hearing for May 7 at 6:30.

  6. New Business

S.W. Boatworks Applications for Commercial Building Permit and Site Plan Review Permit (Map 9 Lot 14).

S. Salsbury, representing the owner, summarized the proposals to build a “second 46'X60' boat shop identical to the one” completed on the site in 2012.

Chair Holt questioned whether this application is properly labeled “Commercial” rather than “Industrial”. The Board had considered the use proposed in 2011 for the first building an “industrial” use. (See June, 2011 minutes.) The minutes of a subsequent meeting, however, showed that the permit was issued for a “commercial” building/use. Industrial uses are not permitted in the Residential and Agricultural Zone.

Discussion ensued as to the definitions of these two terms and which one most accurately reflects the current application. Mr. Workman explained that “no boats will be manufactured in this new building”. It will, instead, be used for “small jobs” related to the boats such as construction of component parts and “repair” of boats and molds. Bamman pointed out that the Table of Land Uses permits “Industries & Business – Assembling & Manufacturing Products Related to the Secondary Processing of Wood/Marine Products” with Planning Board approval. This appears to describe Mr. Workman's oral description of the purpose of the second “boatshop”.

Moved by Bamman (Tadema-Wielandt) to find that this application falls within Land Use #15 Industries & Business (See full title above.). Approved: 3-2 (Holt, Donaldson)

The Board conducted a completeness review of the Site Plan Review Permit application and found information on all application requirements to be present and required the addition of:

I-3c a copy of Tax Map #20.

I-4a indication that the property is located in the Residential Zone as well as the RAZ.

I-4c indication on the map the pond on adjacent property

The SPR application was deemed complete with these three conditions.

During the discussion, Holt questioned the location of the completed Boatshop, noting that it was not in the location approved in the 2011 permit. Salsbury agreed that it was not. Donaldson inquired if the Code Enforcement Officer had indicated in the town records that the building had not been properly located. Both Salsbury and CEO Jordan noted that this practice was common.

The Board conducted a completeness review of the Building and Land Use Permit under Land Use #15 “Industry and Business”. The application follows the requirements for Industrial Uses, BLUO Section 15E required of Large Commercial and of Industrial applications. Information was located on all applications requirements (Section 15E 5 a-q) except item o(4) Fire Protection Plan. The Board deemed the application complete with two conditions:

1. that the man-made pond on adjacent property be added to the map

2. that the application be reviewed by the Fire Chief, considering all aspects of Section 15E6, and recommendations be incorporated in a Fire Protection Plan

A Site Walk was scheduled for Wednesday April 17 following the Gott site walk and a Public Hearing for May 7 following the Gott hearing.

  1. Other Public Matters None
  2. Ordinance Matters
    1. Town vote on incorporation of MUBEC in ordinances. Town voters indicated by a vote of 94-93 that they did not wish to “enforce” the Maine Uniform Building and Energy Code. The Board discussed what this meant we should do with references to building standards and inspections in the BLUO, including the possibility of making no changes except to insert a statement indicating that the Town does not enforce MUBEC standards. The Board agreed to ask the Town Administrator and CEO to review the ordinance(s) and to identify places where changes may be necessary.
    2. New Gravel Ordinance. Following the Town Meeting's adoption of the new ordinance March 13, some confusion ensued over the Select Board's failure to sign the proposed revision prior to Town Meeting or the approved revision at its meeting March 21. The Select Board intends, we were told, to sign the new ordinance on Thursday and has asked to meet with the Planning Board April 16.
  3. Next Meetings:

10. Adjourned at 9:40 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary