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Planning Board Minutes

September 1, 2015

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

Code Enforcement Officer Present: None

Members of the Public Catherine De Tuede, Michael Bradford, Stephanie Eaton, Elizabeth Whitney and Steven Salsbury (arrived 6:53 PM)

Members of the Press  None

1. Public Hearing on the application by HORPLand, LLC. for a gravel extraction permit (Map 7 Lots 13 and 24)

            Chair Holt called the Public Hearing to order at 6:32 p.m.  

There being no public comment, and all information required of the applicant from the August 4th meeting having been submitted in a timely fashion, the Public Hearing was closed at 6:35 PM.

Chair Holt then called the regular monthly Planning Board meeting to order at 6:36 PM.

2. Consideration of Minutes of the August 4, 2015 meeting.

There being no suggestions or questions, Holt (Fowler) moved to approve the minutes as presented. Approved by VOTE of 5-0.

3. Code Enforcement Officer’s Report

        a. Permits Issued – report accepted

            b. Enforcement Actions (4) – report accepted

c. Conditional Permits – report accepted.       

 4. Conservation Commission – No report.

 5.  Old Business -

    Gravel Permit Application – HORP Land, LLC,     Map 7, Lots 13 & 24; Butler Pit (6.03 acres)

The applicant, and Planning Board Member, Perry Fowler having previously recused himself from participation as a member of the Planning Board in this matter, and Chair Holt having appointed Alternate Board Member D. Legere to be a full and voting Board Member for consideration of this Application, after limited discussion, Tadema-Wielandt (Legere) moved, and The Board VOTED 5-0 to approve the application and issue the permit.

 6. New Business -

a.  Pre-Application for subdivision by Thomas True, on behalf of the Marlboro Association Trust, of lot 48 Map 16.

 The applicant’s agent, S. Salsbury, explained that locus is currently a family compound of four small cottages built on a single lot (prior to enactment of the Lamoine Zoning Ordinance), and to simplify ownership amongst the family members, the applicant proposes to create a condominium of the property.

The Board members discussed the proposal, and questioned whether the creation of a condominium triggers Planning Board jurisdiction pursuant to  Section II of the Land Use Ordinance.  It was moved by Tadema-Wielandt (Bamman) that the Board find that it has no jurisdiction of the proposed action.

Chair Holt read Section II, 12 A of the Town Building and Land Use Ordinance, and further discussion ensued, subsequent to which Fowler (Leger) moved to table the matter until the October meeting. The VOTE in favor was 5-0.

 b.  Completeness Review for Gravel Permit Application by Doug Gott & Sons, Inc. for the “Smith Pit” Map 3 lot 2. Several members expressed disappointment that no application fee had been submitted with the application. After review of the Application for completeness, it was moved Fowler (Tadema-Wielandt) to find the Application complete, VOTED 0-5. See appended Completeness Review Form.

c.  Completeness Review for Gravel Permit Application by Doug Gott & Sons, Inc. for the “B&H Pit” Map 3 lot 6. Several members again expressed disappointment that no application fee had been submitted with the application. After review of the Application for completeness, it was moved Fowler (Tadema-Wielandt) to find the Application complete, VOTED 0-5. See appended Completeness Review Form.

d. Completeness Review for Gravel Permit Application by Doug Gott & Sons, Inc. for the “Little B&H Pit” Map 3 lot 9. Gott Agent S. Salsbury declared that the Applicant would not seek to re-permit this pit. A discussion ensued as to the owner’s obligations when a previously permitted gravel pit is abandoned. The consensus was that the Ordinance requires restoration, and the Board inquired of S. Salsbury what Gott’s plans were in that regard.

7. Other Public Matters  -

            a.  M. Bradford and S. Eaton presented questions about planning for construction of a large commercial building (38’x68’) on the lot on the Lamoine Beach Road East of D. Henry’s house. Members of the Board offered that such a building would need to be set 200 feet back from the road, and be at least 100 feet from each side lot line. Further, Mr. Bradford and Ms. Eaton were referred to the CEO for more information.

b.  The Board then discussed a written request from the Select Board to call and hold a public hearing on the Select Board’s Draft Gravel Ordinance. Members of the Planning Board were unclear whether the purpose of such a hearing was to gather public input for the Select Board’s proposal, and further opined that it would be too late to incorporate any new suggestions or information gained from such a public hearing, in time for the upcoming Town Meeting. Leger (Tadema-Wielandt) moved to decline the Select Board’s request, and authorized Chair Holt to transmit, in writing, the Planning Board’s position to the Select Board.

            8. Next Meetings – Oct. 5, November 2, and Dec. 7

Adjourned at 9:12 p.m.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary