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Planning Board Minutes

March 3, 2015

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

Code Enforcement Officer Present: M. Jordan

Members of the Public G. Fenton, L. & P. Mobraten, the Bouffards, S. Salsbury

Members of the Press    None

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

2. Consideration of Minutes

Bamman (Tadema-Wielandt) moved to approve the minutes of the February 3, 2015 meeting with minor corrections.  Approved: 5-0.

3. Code Enforcement Officer’s Report

            a. Permits Issued  report accepted

            b. Enforcement Actions

Tadema-Wielandt inquired about the tree removal violation (June 3, 2014 complaint; Map 4 Lot 1-1), asking if the property owner has replanted.  CEO Jordan indicated that new trees have been planted. Report accepted.

4. Conservation Commission – No report

5.  Old Business

a. Well monitoring data (MacQuinn’s Kittredge Pit, Map 3, Lots 31 and 33).  No data have been received from the operator.

b. Lamoine State Park: Boat ramp plan.  CEO Jordan reported that he had met with a representative of the state and has discussed the basic elements of the proposal.  He showed the Planning Board a site plan and reported that he told the representative that the proposal would require a Shoreland Zoning Ordinance permit and that it could also require a Site Plan Review permit.

c. “Annual Compliance Inspection of Gravel Operations” form.  Chair Holt took questions and suggestions finalizing the form.  The consensus opinion of the Board was that the form should be completed for each separate pit, at least during the first few years.  Following that, more efficient procedures could be adopted if warranted. Donaldson (Fowler) moved that the Planning Board adopt the form for use by the Code Enforcement Officer and Planning Board as described in the Gravel Ordinance.   Voted to approve: 5-0.

d. Procedures for Follow-Through on conditions placed on permits and other agreements with applicants.  The Board reviewed the discussion on this matter from February.  There was general agreement that some system for documenting unfinished business and particularly compliance with conditions placed on permits was necessary (and way past due).  It was the consensus of the Board to list such matters monthly, following the example of Permits and Violations lists.  Donaldson is to draft the first such list and forward it to the Town Office and Board, to be included with next month’s agenda.

e. MacQuinn Appeal & Superior Court Matters.  Several members of the Planning Board have been asked by the attorney for Harold MacQuinn, Inc. to make depositions regarding the complaint lodged with Superior Court.  Those depositions are scheduled for April 3, 2015.

6.  New Business  

a. Gravel Permit Application from R.F. Jordan & Sons, Map 7 Lot 3-2.  The King pit (5 acres)

The Board performed a completeness review of the application, discussing several matters with S. Salsbury for clarification.  Among these was a question from Holt wondering if, given the fact that little if any material can be removed from the western edge of the proposed pit, some restoration should be proposed or required. 

The review resulted in the Board’s finding that the application was complete with the following conditions:

            1. Requirement 2a.2: map and lot numbers from the Town tax maps   must be inserted.

            2. Requirement 2a.5: existing surface water drainage (flow) indicators           must be shown for the entire parcel.

     These materials must be delivered prior to the site walk.

A site walk was scheduled for April 1, 2015 at 3:30 p.m.

A public hearing was scheduled for April 7, 2015 at 6:30 at the Town Hall.

7. Other Public Matters - None

8.  Ordinance Matters

a. Ordinance Revision: Use of recreational vehicles as dwelling units. 

 Chair Holt structured the discussion by stating that a full discussion of the matter will be on the agenda of the regular April meeting.  To facilitate the effort to determine what, if any, revisions to the Building and Land Use Ordinance were necessary and advisable, Holt presented a written analysis of pertinent language from the town’s BLUO and Shoreland Zoning Ordinance (SZO) and a suggested revision of the BLUO. (See attached.)  He invited written submissions from others, noting that they must be received prior to two weeks before the April Meeting.

L. Mobraten offered a written copy with suggested revisions. (See attached.)

P. Mobraten offered an informational document (“Holding Tank Capacity”) and a written request to eliminate a “loophole” that allows “a home and a recreational vehicle” to both be “occupied as dwellings” on a “substandard lot”. (See attached.)

b. Gravel Ordinance amendments; Select Board and Planning Board workshop follow-up.

Donaldson summarized the workshop held February 26 with the Select Board, attended by McMullen, Holt, Bamman, Tadema-Wielandt, and Donaldson.  Discussion focused on a memorandum he had written proposing ten areas of potential agreement, several areas of likely disagreement, and one (the application process) that would require more substantial discussion.  The upshot of the workshop was that Holt and S. Marckoon will develop a “blended” version of the application process (Section 7C), substantially following the Planning Board’s draft which appears to be more straightforward than the Select Board draft.  Donaldson and S. Marckoon will develop a “blended” version of other sections of the ordinance where there appears to be substantial agreement (blending revisions from each board’s drafts).

9. Next Meetings:

April 1, 2015 3:30 – Site Walk, King Pit

April 7, 2015 

            6:30: Public Hearing on King Pit application

            Following the public hearing: April meeting

May 6, 2015  May meeting

10.  Adjourned at 8:48 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary