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Planning Board

Minutes - May 5, 2015 (Draft, subject to correction)

Planning Board Members Present:  Holt, Fowler, Donaldson, Tadema-Wielandt, Bamman, Legere (alt.),             McMullen (alt.)

Code Enforcement Officer Present: Jordan

Members of the Public S. Salsbury, C. de Tuede, B. Gillette

Members of the Press None

1. Chair Holt called the meeting to order at 7:02 p.m.

2. Consideration of Minutes of April 7, 2015

Holt recommended amendments to 3(c), the report of discussion regarding the follow-up on conditions placed on permits to Doug Gott & Sons and to correct the ordinance reference in 7(b).  Tadema-Wielandt corrected the wording of his motion in 5(a).

Tadema-Wielandt (Fowler) moved to approve the minutes as amended.  Approved by vote of 5-0.

3. Code Enforcement Officer’s Report

            a. Permits Issued  report accepted

            b. Enforcement Actions – report accepted

            c. Conditional Permit Issuance Follow-up

CEO Jordan and Chair Holt briefly noted that progress is occurring on three of the four permits listed (all but the Jan 2, 2015 MacQuinn entry).  Jordan received immediately prior to this meeting information concerning the March 4, 2014 MacQuinn entry. 

Holt indicated that a fifth entry should be added to this chart concerning the four conditions placed on the Commercial Building Permit for Doug Gott & Sons, Map 3, Lots 6 & 8 voted on by the Planning Board on May 27, 2014.  He will contact Stu to see that this is added. 

Holt asked CEO Jordan if he had reviewed the work done by Doug Gott & Sons, Map 3, Lots 6 & 8, as requested at the April meeting.  Jordan responded that he had not and stated that, in his opinion, the Site Plan Review permit issued after May, 2014 “overrides” the conditions placed on the Commercial Building Permit.  Holt contested this opinion and, in view of the fact that the Commercial Building permit has yet to be issued because the condition placed on it has not been met, asked that the Planning Board make a visit to the site to investigate whether the work being done “is what was permitted” (in reference to the buffer zone between Lots 6 and 8 and the May 27, 2014 conditions).  S. Salsbury agreed to having the Board visit, but asked if the Board would “submit points of interest to see where the Planning Board might think [the operator] was out of compliance.” Holt agreed to specify the issues that, in his opinion, would warrant a site visit by the Planning Board.  He will share this document with Salsbury, the CEO, and the Board. 

4. Conservation Commission – No report.

5.  Old Business

a. Gravel Permit Application – R.F. Jordan & Sons (Map 7 Lot 3-2) King Pit (5 acres)

The applicant has submitted further information in response to questions raised during the review of performance standards at the April 7, 2015 meeting.  This information included a new map showing a 100’ setback on the northern boundary, a new access road, and proposed areas of restoration; a restoration/reclamation proposal; and corrections to several items in the application. 

   The Board reviewed the new information and resumed the review of performance standards, finding that all parts of the application now met the performance standards.  (See review checklist.)

     Tadema-Wielandt pointed out that the “owner” and “applicant” on the application (PCJ, LLC) did not correspond to the addressee and presumed owner/operator in some of the documents in the application (R.F. Jordan & Sons Construction, Inc. or variations of that).  The Board decided that the application should also list a place for “operator” to be entered in order to distinguish the three entities: owner, applicant, and operator. 

   Tadema-Wielandt further noted that the application was for a 5-acre pit but, with restoration, the actual working pit was going to be substantially smaller.  The Board agreed, however, that the pit is currently 5 acres and over the life of the permit that 5-acre area will either be excavated or restored; hence it constitutes the “permitted area”.   In response to a further question, Salsbury noted that the discrepancy between the coordinates listed for the eastern boundary on the map and those listed on the deed are due to the use of magnetic north on one and true north on the other. 

Donaldson (Tadema-Wielandt) moved to approve the permit for a three-year period.  Approved by vote of 5-0. 

6.  New Business

a. Gravel permit application – HORPland, LLC/Perry Fowler (Map 7 Lots 13 & 14)  6 acres.

Perry Fowler reported that he was still waiting for portions of the application to be prepared.   Tadema-Wielandt (Bamman) moved to table the application until the June 2, 2015 meeting when a complete application will be available.  Approved by vote of 5-0 (Legere voting in place of Fowler).

7. Other Public Matters  -  None

8.  Ordinance Matters

a. Gravel Ordinance

Donaldson reported on the progress of the three-person committee designated by the Select Board and the Planning Board (Marckoon, Holt, and Donaldson).  Draft 7 was distributed to the Board, but Donaldson noted that it did not include all current revisions and that he would provide the Board with Draft 7A, which included highlighting of all revised sections (and thus would be a lot easier to use in future discussions).  Holt and Donaldson summarized some of the major areas of revision and pointed out the accompanying sheet, “Draft 7 Gravel Ordinance – Unresolved Concerns”.  They expect the Select Board to suggest a meeting in the near future between the two boards to review the committee’s work and discuss next steps. 

Donaldson will email Draft 7A to the Board. 

Tadema-Wielandt offered to propose language to the committee resolving the use of the terms “restoration” and “reclamation” and proposing, if both terms remain in use, definitions for each term. 

Holt made reference to a submission from Sebago Technics proposing improvements to the Lamoine State Park boat launch facility.  Copies of the packet were provided to each Board member.  The Board agreed to take up this matter at the June meeting. 

Bamman and CEO Jordan noted that the state is requiring new language in shorelands ordinances and that the Board will have to attend to revisions in the Lamoine Shoreland Zoning Ordinance in the near future.

9. Next Meetings:

June 2, 2015

July 5, 2015 (organizational meeting, election of officers)

August 4, 2015

10.  Adjourned at 8:29 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary