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Planning Board Minutes

June 2, 2015 (Draft, subject to correction)

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

Code Enforcement Officer Absent

Members of the Public B. Gillette, Will Conway (Sebago Technics, Inc.), George Powell (Maine Department of Agriculture, Conservation, and Forestry – Bureau of Parks and Lands)

Members of the Press  - none

1. Chair Holt called the meeting to order at 7:04 p.m. and appointed D. Legere as      voting member in place of P. Fowler

2. Consideration of Minutes for May 5, 2015  Several corrections were suggested.  Tadema-Wielandt (Legere) moved to approve the minutes as amended. Approved by vote of 5-0.

3. Code Enforcement Officer’s Report

In the absence of the Code Enforcement Officer, the Board reviewed the reports and made the following observations:

            a. Permits Issued  accepted

            b. Enforcement Actions - accepted

            c. Conditional Permit Issuance Follow-up

The Board noted that the conditions for all three listings now appear to be met.  Two of these will be taken up under Old Business.  The third (relabeling of well in Higgins Pit) is satisfied.

4. Conservation Commission

Legere reported that the parking area and sign for the trail at Simon’s have been completed and that repairs on the trail itself are scheduled for the near future.

5.  Old Business

a. Condition on Gravel Permit, Harold MacQuinn, Inc. Map 3 Lots 31, 33

(addressing Condition #1, placed January 14, 2014 on the permit to operate in the Kittredge Pit; See also “letter of application to consider amendments” submitted by S. Salsbury August 18, 2014, cover page.)

The Board reviewed a submission from Summit Environmental Consultants, Inc. indicating that a “replacement” monitoring well was installed in the pit on April 3, 2015, labeled OW-1A, and that samples were drawn from the well on April 10, 2015.  Holt reported that he had reviewed the full submission and that it was in order, reporting both ground water level data and water quality data. 

Holt (Donaldson) moved that the Board finds that the required well has been installed and data from it submitted and thus that the applicant has met the Condition #1 placed on the gravel permit January 14, 2014.  Approved: 5-0.

b. Condition on Commercial Building Permit, Doug Gott & Sons (Map 3 Lots 6 & 8) (addressing the need for an easement across Lot 6).

The Board reviewed the easement.  Donaldson inquired about the need for the easement to include not just the 50 foot road right-of-way across Lot 6, but also the rectangular area running east along the boundary between Lots 6 and 8.  No representative of the applicant was present to answer this question.  Holt suggested that it was to serve the enlarged parking lot as it appears on the Site Plan Review application approved by the Appeals Board.

Holt (Bamman) moved that the Board finds that the easement has been received, the condition has been met, and that a Commercial Building permit can now be issued.  Approved: 5-0.

c. Gravel Permit Application – HORPLand LLC, Map 7, Lots 13, 24

No application materials have been received.  Current permit expired May 31, 2015.  Email from P. Fowler indicates that the materials will be submitted for the July meeting. 

6.  New Business

a. Discussion about the need for updated Site Plan information, Doug Gott & Sons, Map 3, Lots 6 & 8 to clarify what is permitted and what developments have been performed relative to the Commercial Building permit and the B&H pit.

The Board discussed the confusion arising from the rulings of the Planning Board and the Appeals Board relative to these properties.  Discussion revolved around what work has been performed, the status of the buffer and screening between the two lots, and the relationship of the work performed to the uses described in the two permits. S. Salsbury, agent for Gott, was not present but had sent an email May 28 indicating that he was “not ignoring [the Board’s] request for information (email received May 7th” about the Gott property.”  It was the consensus of the Board that oversight of these permits was necessary.

Donaldson (Tadema-Wielandt) moved to require Doug Gott & Sons to submit maps and supporting materials, as specified in an email from Chair Holt to S. Salsbury May 7, 2015, to the Board and to have the Planning Board make a visit to the site to observe developments.  Approved: 5-0.

b. Site Plan Review Application completeness review – Lamoine State Park Boat Launch Facility Improvement (Maine Department of Agriculture, Conservation, and Forestry – MDACF)

George Powell (MDACF – Bureau of Parks and Lands) and Will Conway (Sebago Technics, Inc. of South Portland) presented the proposed improvements, using a map to describe them and answer the Board’s general questions.  Arising from this presentation were several clarifications:

i. The purposes of the improvements are threefold:

            - improve the launch ramp to be serviceable at low tide and provide access to it using floats;

            - make the ramp and boating accessible to handicapped people by providing parking, a walkway to the ramp, and access to boats from floats; and

            - provide parking for 12 vehicles with trailers by expanding the parking area on the inland (north) and somewhat to the east.

ii. The improvements will increase the area covered with impervious material from .84 acres to 1.06 acres (taking into account that about 800 square feet of the current impervious area will be revegetated).   This amounts to about 7% of the Shoreland Zone of the park.

iii. The roadway to the ramp and to edge of the parking area will be hot-topped, to include only the portion of the parking area for one handicapped vehicle slot and one handicapped vehicle-trailer slot.

iv. The walkway to the ramp will be hot-topped.

iv. The depth of water at the end of the new ramp at low tide will be about 4 feet.

v.  This project came about because of a request from the Lamoine Board of Selectmen to have the ramp extended.  The concern, according to G. Powell, was that the ramp didn’t extend below the low-water mark and that it was too narrow.

The Board executed a completeness review of the application.  Before beginning, Bamman volunteered that he has worked with the MDACF and with Mr. Powell and that he believed he is able to evaluate these applications objectively.  Donaldson asked if any member of the Board or representatives of the applicant had any objection to Mr. Bamman’s serving for these reviews.  Nobody did.

The Board found all required information for the application to be present and requested that the following additions and clarifications be made in a further submission:

I-3a.  Correct the name of the owner on the site plan.

I-4d. Indicate the name of the road from Rte. 184 on the map.

I-4g. Indicate the direction of surface water drainage on the map.

I-5a. The Board found that the poured concrete abutments serving the ramp fall under the definition of “structures” in the ordinance and requested that the applicant revise this entry to indicate that there are structures to be constructed and to state their purpose. 

The Board further directed the applicant to clearly state the three major purposes of the project, as described in the initial presentation and noted above in (i.) of these minutes. 

I-5d. Indicate on the map the 100’ setback from mean high water and the setback measurements of the nearest point of the parking area from mean high water.

I-5e. Describe the method proposed for revegetation.

The Board granted by acclamation the waiver requested by the application regarding I-4b.

Tadema-Wielandt (Legere) moved to find the Site Plan permit application complete with the expectation that the items noted above will be addressed through a further submission and reviewed at the July meeting.  Approved: 5-0.

c. Shoreland Zoning Application completeness review - Lamoine State Park Boat Launch Facility Improvement (Maine Department of Agriculture, Conservation, and Forestry – MDACF)

Chair Holt noted that, according to the Shoreland Zoning Ordinance, the Code Enforcement Officer was supposed to have reviewed this application and reported to the Board.  No such review has been received.

The Board executed a completeness review of the application, with the following additions and clarifications:

1. Completed Application Form

            - describe fully the three purposes of the development, as described   above in (i.) of these minutes;

2. Plot Plan: make changes to the map, as required to complete the Site Plan Review application.

3. Structures:  The Board found that the proposed ramp extension, walkway/abutments, and parking area are defined as “structures” under this ordinance and thus need to be described here as structures.  Further, the ramp and the walkway are understood to serve “water-dependent uses”, but that the parking area is not.  These distinctions are to be noted in the applicant’s further required submission.

6. 100-foot setback: The Board requires that the 100’ setback from mean high water and setback measurements to the parking area be included in further submissions.  The board granted by acclamation the applicant’s request for a waiver of the requirement to “stake” the setback boundary.

8. Fee: The fee has not been submitted as the applicant plans to request a waiver of the fee from the Board of Selectmen.  The application cannot be approved without information regarding the status of this request. 

The Board inquired about the need for an environmental impact study (see Requirement 9).  Powell noted that the project must be reviewed by the U.S. Army Corps of Engineers and by the Maine Department of Environmental Protection and that both reviews involve some form of environmental impact assessment.  Conway reported that they will request a “permit by rule” from the MDEP and read from email correspondence with both the MDEP an the USACE.  The Board requested copies of these and they were provided.

Holt (Tadema-Wielandt) moved to find the Shoreland Zoning permit application complete with the expectation that the items noted above will be addressed through a further submission and reviewed at the July meeting.  Approved: 5-0.

The Board will arrange a site walk for both the Shoreland and Site Plan permit applications and, if the required submissions are received by the agenda deadline, will schedule public hearings immediately preceding the July 7 monthly Board meeting. 

7.  Ordinance Matters

Donaldson, Bamman, Holt, and Tadema-Wieldandt reported on their meeting May 28 with the Select Board to review Draft #7A of the revised Gravel Ordinance.  The Board discussed generally the major areas of the revision and noted that there appeared to be a consensus supporting Draft #7A, with several specific changes discussed by the two boards.  Stu Marckoon has added these changes and provided the Board with a list of them and copies of Draft #8.  The Board will read this draft and come to the July meeting prepared to discuss final approval.  Donaldson will email a copy of Draft #8 with the revisions highlighted. 

8. Other Public Matters

a. Gerald Jordan Pit.

Holt noted that the gravel extraction permit for this pit expired May 31, 2015 and that no application has been received for another permit.  The Board agreed that a “courtesy letter” to the owner clarifying his intention to discontinue the pit would be in order; the letter should also inform the owner of the requirement to restore the pit once it is discontinued. 

b. Old Principals Never Die; They Just Lose Their Faculties.  The Board warmly thanked G. Donaldson for his 30-plus years of service and (mostly) good humor as a member of the Lamoine Planning Board and for his years as the Board’s chair and, more recently, secretary.  Donaldson thanked the Board and offered his services to the Board in the future if the Board feels he can be of assistance.

9. Next Meetings:

            July 7, 2015  7:00 Monthly Meeting  (possibly 6:30 if hearings are scheduled)

            August 4, 2015

            September 1, 2015

10.  Adjourned at 9:31 p.m.

Respectfully Submitted,

Gordon Donaldson, Secretary