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Lamoine Planning Board

Minutes, April 7, 2015

Planning Board Members Present: Holt, Bamman, Donaldson, Tadema-Wielandt (until 7:46 p.m.), Fowler, Legere (alternate)

Code Enforcement Officer Present: M. Jordan

Members of the Public  L. and P. Mobraaten, D. Bouffard, M. Moeller, N. Fenton, C. Korty, K. Rybarz, S. Fenton, G. Fenton, R. Fenton, S. Salsbury, E. Bearor

Members of the Press  None

Public Hearing: R.F. Jordan & Sons Gravel Permit Application (Map7; Lot 3-2)

Chair Holt called the public hearing to order at 6:32 p.m.

The Board considered new information submitted in response to two conditions placed on the March finding that the application was complete. 

Donaldson (Bamman) moved that application is now complete, with the addition of tax map and lot numbers and surface water flow arrows to the map. Approved by vote of 5-0.

After a brief overview of the application by S. Salsbury, Holt opened the hearing to public comment.  K. Rybarz inquired whether there was any plan to restore the discontinued pit to the west of the pit in question.  Holt noted that this was not germane to the current application.  C. Korty expressed concern about the materials being dumped by the applicant in the discontinued pit and the possibility that, without firm knowledge of the water level in that pit, this dumping might be jeopardizing water quality.  Holt accepted this concern “as a comment”.

There being no other comments, Holt closed the hearing at 6:40.

April Planning Board Meeting

1. Chair Holt called the meeting to order at 6:40 p.m.

2. Consideration of Minutes for March 3, 2015

Bamman suggested (by email to Donaldson) that the minutes should report, relative to the discussion of the new Gravel Ordinance Annual Compliance Review form (Old Business letter c.), that the Board had expressed a consensus that the review form should be filled out for each separate pit.  The Board confirmed this and it was, along with a few minor corrections, incorporated in the final minutes. 

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

3. Code Enforcement Officer’s Report

a. Permits Issued   report accepted

b. Enforcement Actions  CEO reported that, relative to the tree removal violation , M4 L1-1, the  “status” column should read: “has been replanted” Report accepted

c. Conditional Permit Issuance Follow-up

Holt explained the purpose of this new monthly reporting: to ensure that conditions placed on permits or applications are met; to clarify that the Code Enforcement Officer will be pursuing these matters and reporting on their status to the Board.

            Updated information:

            - R.F. Jordan (King Pit): conditions were met at the public hearing tonight.

             - Conditions on the remaining three applications have not been met.

Holt reported that the Doug Gott & Sons (Map 3 Lots 6 & 8)     Commercial Building permit has not yet been issued because the easement across Lot 8 has not been obtained and filed.  (See May 4, 2014 minutes).   

 Regarding the 10’ buffer between Lots 6 and 8, Holt asked that the     CEO visit the site and report to the Board on the status of the four requirements agreed to by the applicant and the Board at the May 27, 2014 meeting. (See minutes of May 27, 2014 meeting and memorandum in tonight’s Planning Board materials.)

Holt instructed the CEO to continue to monitor these situations.

4. Conservation Commission – No report

5.  Old Business

a. Action re: R.F. Jordan & Sons Gravel Permit Application (Map7; Lot 3-2)

Holt pointed out that this pit lies in two zones: Rural Agricultural and Development and asked that the map show the demarcation line between the two.  (Standard 1e.)  Holt also pointed out that the contour lines in this application are identical to those on the 2012 map, essentially reflecting no removal of materials. (Standard 2a.3.)  Salsbury reported that “we didn’t take enough to make a significant difference” in the 10-foot contours.  Finally, Holt noted that the map itself does not indicate (relative to Standard 4c) where materials had been removed over the past 3 years. 

Donaldson reported that questions had been raised at the site walk regarding the need for restoration on the western and northern sections as they could no longer be mined and about the actual depth to groundwater at the bottom of the western end of the pit.  Salsbury reported that there is water 3 feet below the surface. 

The Board reviewed the application vis a vis the Performance Standards with the following results:

Standard A1a. Setbacks:  The Board found that the boundary agreement between the applicant and Harold MacQuinn, Inc. does not apply, as the Jones Pit does not directly abut the King Pit.  The boundary agreement is also an agreement between Harold MacQuinn, Inc. and Richard King, former owner of the King Pit.  Board members expressed a desire to see a map with both the Jones Pit and the King pit on it in order to ascertain their distances from one another and to see the boundary agreement between R.F. Jordan & Sons, Inc. and Harold MacQuinn, Inc. 

Standard D 1a-1e, Restoration: No restoration is proposed.  The Board noted that, if the boundary agreement discussed above is not in effect, the applicant will be obligated to restore a 50 foot setback on the northern boundary immediately and, within the life of a new permit, also restore the “next” 50 feet of setback.  Regardless of the Setback issue, some Board members were of the opinion that the northern and western sections of the pit are no longer eligible for operations and thus must be restored during the next permitting cycle.  Discussion also raised questions regarding the possibility of “raising” the floor of the western end of the pit to a minimum of 5 feet to bring it into current compliance. 

Donaldson pointed out that the application (pages 24 and 26) does not specifically state that the reclamation plan will address Performance Standards D. 1a – e and that the plan in the Registry of Deeds (p. 48) does not include  Standard D1e.

Standard E2, Transportation:  Tadema-Wielandt noted that there is not a “paved or otherwise hard-surfaced” section of road of at least 100 feet in length where the egress road meets Rte. 184.

Standard F. Hours of Operation: Holt noted errors on page 22 and 23 relative to hours of operation and holidays.

Given the matters of fact raised during this review, the Board decided to consider this a preliminary review and not to proceed to a vote at this time.  Board members asked if the applicant was willing, by mutual agreement, to postpone final consideration in order to address the issues raised above.  S. Salsbury indicated that the applicant was willing. 

Tadema-Wielandt (Donaldson) moved to table action on this application until the May 5, 2015 meeting, pending submission of further information by the applicant.  Approved by vote: 5-0.

Tadema-Wielandt left the meeting.  Legere became a voting member. (7:46)

b. Tracking approval conditions.  This matter was discussed earlier in the meeting.   Members expressed approval of this new procedure and look forward to regular updates from the CEO on conditions placed on permits.

6.  New Business - None

7.  Ordinance Matters

a.  Recreational Vehicles – Building and Land Use Ordinance

Holt summarized the discussion of this matter since January, concluding with a statement of our task: to decide whether we will recommend to the Select Board that a revision be made to the BLUO and, if so, what that might be.

Bamman and Fowler expressed an interest in inserting “in a calendar year” to clarify the “30-day limit” for use of an RV as a temporary residence.  Donaldson voiced support for the language suggested by Holt at the last meeting but as modified by Larry Mobraten.  Holt noted that including regulation of “rental” procedures would be very complicated.  Jordan reminded the meeting that he had recommended to the Select Board that the “30-day limit” be for 30 “consecutive” days. 

As there appeared to be little consensus about a specific revision emanating from the Board’s discussion, Fowler (Bamman) moved to make no recommendation to the Selectmen regarding revisions to the Building & Land Use Ordinance in relation to Recreational Vehicles.  Approved by vote of 3 to 2 (Bamman, Legere)

Holt will notify the Select Board of this decision.

b. Gravel Ordinance

i. Holt reported that the final version of the Annual Compliance Review form was now ready for use by the CEO.

ii. Holt noted that the Board had received a proposed revision to the Building and Land Use Ordinance submitted by Attorney Bearor.  The Select Board has not discussed this proposal to date.

iii. Revisions to the ordinance are being developed on behalf of the Planning Board and the Select Board, the result of our joint meeting in early March.  Holt, Donaldson, and Marckoon have assembled a “blended” draft  from the work done by each board and will meet to refine it soon.  It then should come to the Planning and Select Boards for further consideration. 

8. Other Public Matters

Board members expressed concern about the legal and personal liabilities of communicating by email.  To now, members have used their private email accounts.  Two members have attended Maine Municipal Association workshops recently on public disclosure.  A lawsuit has brought to our attention the sensitivity of carrying on any communication about Board business via email.  It was agreed that using “town email” accounts that automatically were accessible to the public would vastly improve the situation. 

Legere (Donaldson) moved to request that the Town establish an email account for each member of the Planning Board to serve as a communication system for all public business related to our work as Planning Board members.  Approved by vote: 5-0.

Donaldson will communicate this request to the Select Board.

9. Next Meetings:

May 5, 2015

June 2, 2015

July 7, 2015

10.  Adjourned at 8:47 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary