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Lamoine Planning Board

Minutes of October 7, 2014

Planning Board Members

            Present: Holt, Bamman, Donaldson, Tadema-Wielandt, Fowler, Legere  (alternate)

Code Enforcement Officer  Present: M. Jordan

Members of the Public  M. Deyling (CES, Inc.), S. Salsbury (H&S), C. Lippitt (SW Cole Engineering)

Members of the Press  None

 Public Hearing: Gravel Permit Application. R.F. Jordan & Sons (Map 4 Lot 8) “Blunt’s Pond Pit”

Chair Holt called the hearing to order at 6:31 p.m. and requested questions and comments from members of the public.  There being none, he closed the hearing at 6:32 p.m.

Monthly Planning Board Meeting     

1. Chair Holt called the meeting to order at 6:32 p.m.

2. Consideration of Minutes

After several suggested improvements, Tadema-Wielandt (Holt) moved to accept the minutes of the September 2, 2014 meeting as amended.  Approved: 5-0

Donaldson reminded members of the Board that the minutes include a hard copy of remarks made by J. Holt regarding the S. Salsbury “complaint” dated 8/18/14.

3. Code Enforcement Officer’s Report

            a. Permits Issued  report accepted

            b. Enforcement Actions – report accepted

4. Conservation Commission – No report

5.  Old Business

a. Consideration of Gravel Permit Application. R.F. Jordan & Sons (Map 4 Lot 8) “Blunt’s Pond Pit”

At the conclusion of the application completeness review 9/2/14, two conditions were placed on the application regarding completeness:

1. That complete information for Item #3b be submitted (location, bearings and distances of the boundaries of the Gravel Pit);

2. That the Reclamation Plan (Item #12) be corrected to reflect the current gravel ordinance requirements (see page. 32 of the application.): a. add restoration of 50’ along Dudzinski boundary; b. correct the final paragraph concerning the Restoration Fund.

After reviewing new material submitted by the applicant (new map, new page 32), Donaldson (Tadema-Wielandt) moved to find the application complete.  Approved: 5-0.

Findings of Fact review of the application concluded with positive votes on all applicable Performance Standards, with one amendment as follows:

Performance Standard D1 Restoration. 

            On page 32 of the application, the second paragraph under  Reclamation Plan,  will change as follows:

            1. The third sentence (“Prior to…) will be eliminated.

            2. The fourth sentence will read in its entirety:  “The area between 50            feet and 100 feet from the Dudzinski boundary line will be restored.”

S. Salsbury, acting for the owner, agreed to make these changes in the application.

Subsequent to this agreement, Donaldson (Bamman) moved to approve the permit for a period of three years from the expiration date of the most recent permit.  Approved: 5-0.

b. Attorney opinion/memorandum of understanding re: consent agreement

Holt reported on his conversation with the Select Board regarding the Planning Board’s authority to consider amendments to the Goodwin and MacQuinn pits that are subject to the June 2014 Consent Agreement.  Discussion on the memorandum (see MOU) concluded with agreement on the Board that the Planning Board can render a decision on the August 18, 2014 proposed amendments from the operators.

c. Proposed amendments to gravel pit permit applications

i. John W. Goodwin, Inc proposal to address one remaining condition placed on the permit to operate a pit at Map 1 Lot 75 (E. Lamoine Pit; 47 acres)

[See “letter of application to consider amendments” submitted by S. Salsbury August 18, 2014, page 1, Condition #2.]

S. Salsbury and C. Lippitt presented a new map and oral descriptions of a proposal to monitor groundwater level and quality employing 3 wells on abutting properties, 3 wells within the pit (B1, B2, and B3), and 3 additional wells (GDW1, GDW2, GDW3).  Holt asked, “Where does this proposal clearly state which wells will be used for elevation monitoring and which will be used for quality monitoring?”  After further discussion, it was apparent that the written proposal (8/18/14) did not clearly answer this question and, further, that it did not represent what the applicant’s representatives were presenting orally.  Donaldson suggested tabling the matter, as the written and oral proposals were confusing and the written proposal does not in fact include a proposal from the applicant to the Town (but rather a contract proposal from S.W. Cole, Inc. to Herrick and Salsbury).

    Holt summarized by stating that the Board appreciates the intent of the applicant to address this Performance Standard and encourages the applicant to proceed with its plans.  However, the applicant must submit a more specific and coherent proposal on which the Board can render a definitive decision.  The Board requested that the applicant resubmit the amendment proposal with a specific written plan that includes clear monitoring well locations, the purposes of each well, and sampling methods. 

ii. Harold MacQuinn, Inc proposal to address one remaining condition placed on the permits to operate pits at Map 9 Lot 13 (Sand Pit) and at Map 20 Lot 12 (Higgins Pit)

[See “letter of application to consider amendments” submitted by S. Salsbury August 18, 2014, page 7, Condition #1 and Page 6, Condition #2.]

M. Deyling and S. Salsbury presented a new map and oral descriptions of a proposal to monitor groundwater level and quality in each pit as follows: 1 new monitoring well on the “truck road” in the Sand Pit (in addition to the existing OW-1); 1 new monitoring well north of the Higgins Pit boundary (existing OW-2 is limited only to elevation readings as it is a small piezometer).  This plan would leave 3 wells monitoring water quality and 4 wells for elevations.

   The Board made a number of suggestions as follows: that there be 4 wells for water quality monitoring; that the new Sand Pit well be moved “up-gradient”, closer to the MacQuinn Rd.; move the new Higgins Pit well into the pit.  In response to Donaldson’s question, “Do any Board members object to the general strategy presented here?”, there were no objections voiced.

  The Board requested that the applicant resubmit the amendment proposal with a specific written plan that includes clear monitoring well locations, the purposes of each well, and sampling methods. 

iii. Harold MacQuinn, Inc proposal to address one remaining condition placed on the permits to operate pits at Map 3 Lots 31 & 33 (Kittredge Pit)

[See “letter of application to consider amendments” submitted by S. Salsbury August 18, 2014, cover page.]

M. Deyling and S. Salsbury presented a new map and oral descriptions of a proposal to monitor groundwater level and quality in the pit as follows:

            - 3 wells for monitoring water quality (existing OW-1 and a new well at the western end of the “west” portion of the operation; and MW 4 in       the “east end”

            - 7 wells for monitoring water elevations:  PB-1, 2, 3, and 4 and MW-1,           2, and 3.

Discussion revealed uncertainties regarding the number of wells and their purposes (for example, will the three “quality monitoring” wells also be used for elevations?).  No strong objections to the proposed strategy of fewer “quality monitoring” wells than “elevation monitoring” wells was expressed.  Given uncertainties about the proposed amendments, the Board was unable to render a final decision.  The Board requested that the applicant resubmit the amendment proposal with a specific written plan that includes clear monitoring well locations, the purposes of each well, and sampling methods. 

Relative to all four proposed amendments, Holt reiterated that the Planning Board will not make a definitive decision on these amendments (whether they meet the Performance Standards) until data from all existing and proposed wells has been submitted and reviewed.  He urged the applicants to submit written revised amendments to the Board as soon as possible. 

e. Michael Keene Gravel Permit Application (Map 4 Lot 41A)

Holt informed the Board that the required changes and additions to the application (see 9/2/14 minutes) were submitted, reviewed, and approved by Donaldson and Holt.

6.  New Business

Uncovered gravel trucks on Lamoine roadways

Tadema-Wielandt reported continuing issues with trucks leaving pits without covers over their loads.  Other members of the Board agreed that this was an ongoing problem, but, as Holt put it, the Board has no authority to enforce the “covered load” requirement in the ordinance.  Bamman suggested reporting offending trucks to the pit owners. 

7. Other Public Matters

8.  Ordinance Matters

The Board agreed to hold a Workshop on October 21, 2014 at 7 p.m. at the Town Hall to continue discussion of possible amendments to the Gravel Ordinance and the Annual Review format called for in that ordinance. 

9. Next Meetings:

Tuesday October 21, 2014  7 p.m. at the Town Hall   Ordinance Workshop

THURSDAY  November 6, 2014 7 p.m. at the Town Hall  November Meeting

Tuesday December 2, 2014  December Meeting

10.  Adjourned at 9:00 p.m.

Respectfully Submitted,  

Gordon Donaldson, Secretary