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Lamoine Planning Board

Minutes of September 17, 2013 (Draft, subject to correction)

Planning Board Members Present: Holt, Gallagher, Donaldson, Tadema-Wielandt, Fowler (alt), Bamman (7:25),

Code Enforcement Officer Present: M. Jordan

Members of the Public: C. Korty, S. Salsbury

Members of the Press:

  1. Chair Holt called the meeting to order at 7:00 p.m.
  2. Consideration of Minutes - Jordan noted that the Gravel Permit application fee has been paid by Mr. Goodwin. Holt (Gallagher) moved to accept the minutes of the September 3, 2013 meeting as corrected. Approved 5-0 (Fowler voting)
  3. Code Enforcement Officer's Report - No written report. Jordan reported that nine new houses have been built or are in the process of being built this year.
  4. Conservation Commission - C. Korty passed along to the Board a compact disc containing maps and data collected by a class at COA a few years back.
  5. Old Business
    1. Meeting requested by P. MacQuinn and S. Salsbury concerning gravel permit application to expand operations Map 3 Lots 31 & 33. Mssrs. MacQuinn and Salsbury are not prepared to meet at this point.
    2. Revision of Lamoine Gravel Ordinance
      1. i. Section 7(G) Appeals. - The draft developed from the September 3 meeting was reviewed. Holt (Gallagher) moved to recommend this revision to the Board of Selectmen to be presented to the Town for adoption. Approved 5-0. (Fowler voting)
      2. ii. Section 8 A (1) Set-backs. - The draft developed from the September 3 meeting was reviewed. Gallagher (Donaldson) moved to recommend this revision to the Board of Selectmen to be presented to the Town for adoption. Approved 5-0. (Fowler voting)
      3. iii. Section 8 D (3) Performance Guarantee. - The draft developed from the September 3 meeting (dated 9/4/13) was reviewed. Holt presented an alternative revision (dated 9/17/13). Discussion ensued regarding the relative merits of the two approaches, concluding with a consensus of the Board to pursue the 9/17/13 draft as follows:
        1. consult with the Town Attorney regarding the legality of collecting the $.05/yard restoration deposit annually and to clarify how the Town would authorize payments from the Restoration Accounts;
        2. consult with the Town Administrative Assistant to ascertain his thoughts on the draft, including accounting and pay-out procedures. Specifically:
          1. would it be possible to pay the operator within 2-3 weeks following the completion of the work (ie. to avoid the operator's having to advance the funds for the work prior to being paid back)
          2. would these funds be held in an interest-bearing account and if so, to whom would the interest accrue?
          3. revise the wording to address the case where an operator has “saved up” more than the actual cost of restoration.

    Holt will forward the draft and these questions/issues to S. Marckoon and the Town Attorney.

    1. Revisions to the Building and Land Use Ordinance (Stu and Mike's recommendations regarding MUBEC) - Donaldson and Holt brought comments on the suggested revision. It was agreed that they would forward these to the Planning Board and Town Office. Board members will review them and the document and come October 1 prepared to address this matter.
    2. Completeness Reviews of Gravel Permit applications (continued from September 3, 2013)

    Each of the following applications was reviewed by the Planning Board for “completeness”. All applications were deemed incomplete.

    Note: See attached table summarizing the requirements the Board found “not present” in the nine applications reviewed. Additional detail can be found on the “completeness review forms” filled out during the meeting.

    1. John W. Goodwin, Jr. “Davis Pit” Map 4 Lot 41; Map 5 Lot 15 (13.7 acres) - Seven (7) requirements missing. (See table). Gallagher (Tadema-Wielandt) moved to find the application incomplete. Approved 5-0. (Bamman now voting)
    2. R.F. Jordan “McDevitt Pit” Map 3 Lot 4 (5 acres) - Nine (9) requirements missing. (See table). Gallagher (Bamman) moved to find the application incomplete. Approved 5-0 .
    3. Harold MacQuinn, Inc. “Higgins” Pits Map 9-13; Map 20-12. Map 9 Lot 13 (8 acres) Nine (9) requirements missing. (See table). Bamman (Gallagher) moved to find the application incomplete. Approved 5-0 . Map 20 Lot 12 (10 acres) ) Nine (9) requirements missing. (See table). Bamman (Gallagher) moved to find the application incomplete. Approved 5-0 .
    4. Harold MacQuinn, Inc. “Kittredge” Pit Map 3 Lots 31 & 33. (22 acres). Eight (8) requirements missing. (See table) . Gallagher (Bamman) moved to find the application incomplete. Approved 5-0 .
    5. Harold MacQuinn, Inc. “Jones” and “Beals” Pits. Map 7 Lot 7 (Jones; 3 acres) Eight (8) requirements missing. (See table). Gallagher (Bamman) moved to find the application incomplete. Approved 5-0 . Map 7 Lot 9 (Beals; 3.8 acres) Eight (8) requirements missing. (See table). Gallagher (Bamman) moved to find the application incomplete. Approved 5-0 .
    6. Harold MacQuinn, Inc. “Asher” Pit Map 3 Lots 42 and 43-1 (5 acres). Eight (8) requirements missing. (See table) . Gallagher (Bamman) moved to find the application incomplete. Approved 5-0 .

    Holt stated that the Board would schedule site walks to these pits once it has found each application complete.

    In discussion about next steps, Salsbury said that he will provide the missing information as an addendum to the applications. Several Board members expressed the importance of doing so immediately as these permits will expire October 31, 2013. The Board has scheduled extra meetings in September and October to address the expected workload.

  1. New Business: None
  2. Other Public Matters: None
  3. Ordinance Matters - Jordan suggested that the Board add to the requirements for Gravel Permit applications (Section 7 1-h) that the applicant provide evidence of payment of personal property taxes related to gravel extraction operations, in addition to evidence of real property taxes.
  4. Next Meetings:
  1. Adjourned at 9:50 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary

SEE ATTACHED TABLE.

Lamoine Planning Board Minutes of September 17, 2012

FINDINGS OF COMPLETENESS REVIEWS OF GRAVEL PERMIT APPLICATIONS: MISSING INFORMATION (X)

Application Requirement #

Goodwin “East Lamoine” (M1-L75)

Goodwin “Davis” (M4-L41; M5-L15)

Jordan “McDevitt” (M3-L4)

MacQuinn “Higgins” (M9-L13)

MacQuinn “Higgins” (M20-L12)

MacQuinn “Kittredge” (M3-L 31&33)

MacQuinn “Jones” (M7-L7)

MacQuinn “Beals” (M7-L9)

MacQuinn “Asher” (M3-L42 & 43-1)

1 h tax

 

 

 

 

 

 

 

 

X

2 a (1) distances

X

 

X

 

 

 

X

X

 

2 a (3) sea level

 

X

 

 

 

 

X

X

 

2 a (4) roads

 

X

 

 

 

 

 

 

X

2 a (5) water flow

 

 

X

 

 

 

X

X

 

2 a (8) spec. features

X

 

X

X

X

X

X

X

X

2 b water table

X

X

X

X

X

X

X

X

X

2 c water quality

X

X

X

X

X

X

X

X

X

3 b distance

 

 

X

X

X

X

X

X

 

4 b restoration

 

 

 

X

X

 

 

 

 

4 g buildings

 

 

 

 

 

 

 

 

X

4 j observ. Wells

 

X

 

X

X

X

 

 

 

6 screening plan

 

 

X

 

 

 

 

 

 

7 monitoring plan

 

 

X

 

 

X

 

 

X

12 restoration plan

 

X

X

X

X

X

X

X

X

13 other permits

 

X

 

X

X

X