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Minutes - May 2, 2016 (Draft, subject to correction)

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

Code Enforcement Officer Present: M. Billings, R. Gallegos (asst.)

Members of the Public  M Bradford, S. Eaton, S. Salsbury, A. King, Esq., T. Ring,  K Gaianguest, W. Whitener, and J. Stoll

Members of the Press  None.

1. Public Hearing on Proposed New Floodplain Management Ordinance Chair Holt called the Public Hearing to order at 6:00 p.m Chair Holt read a statement explaining the necessity for the hearing (attached) There being no public comment, the Public Hearing was closed at 6:07 PM.

2. Public Hearing on Proposed 7 Lot addition to Marlboro Woods Subdivision by Timothy Ring (Map 5 Lot 14A) Chair Holt called the Public Hearing to order at 6:30 p.m

Two issues (item 16 and item 21) remaining from the completeness review, conducted at the April 4th meeting, have been satisfied. A site visit was held on April 14. Chair Holt has received, and added to the file, memoranda received from the Maine Municipal Association (MMA) in answer to his queries regarding the need for dedicated open space in accordance with Section 12(H)1b and 1c of the Town’s Building and Land Use Ordinance (BLUO). Joshua Stoll, whose land on the Partridge Cove Road, abuts lot 32 of the proposed sub-division, has had issues with run-off from the developer’s land, expressed concern about increased run-off from development of the newly proposed lots onto his land.

Kathie Gaianguest, who attended the site visit, raised questions about the substantial wetlands on lots 10, 12, and several of the newly proposed lots. Inasmuch as there will be no building on the common lot(s), plans for any buildable lots will have to account for all wetlands on any such lot. The Public Hearing was closed at 6:50 PM.

Chair Holt then called the regular monthly Planning Board meeting to order at 6:52 PM.

3. Consideration of Minutes of the April 4, 2016 meeting was postponed to the June 6 meeting as they were not received in time for several members to adequately review.

4. Code Enforcement Officer’s Report

     a. Permits Issued (4+2)~ Report accepted.

     b. Enforcement Issues (2) ~ Report accepted.

     c.  Conditional Permit follow up (4)~Report Accepted        

 5. Conservation Commission ~ No report.

  6. Old Business ~

a.  Review of Subdivision Application for 7 lot addition to Marlboro Woods Subdivision by Timothy Ring-Map 5 lot 14A. Inasmuch as regular member P. Fowler was absent from the previous meeting, Chair Holt asked D. Legere to act in his stead. Outstanding items from the completeness review at the April meeting, to wit: (#16) Contours on the plan are now shown in feet, and (#21) Evidence that the project complies with the Lamoine Floodplain Management Ordinance, as well as the Maine Department of Environmental Protection’s Storm Water Management Plan, has been provided. The Board reviewed the Application in accordance with Sec. 12 of the BLUO. (see attached) Chair Holt again raised the issue that a subdivision of 12 or more lots requires permanent common open space. The history of the existing subdivision was recounted. It has been created as an 8 lot subdivision in 2003, with an additional 10 lots in 2008. Chair Holt has received, and added to the file, memoranda received from the Maine Municipal Association (MMA) regarding this issue. Attorney King has also submitted a memorandum on behalf of Mr. Ring. Inexplicably, when the 2008 addition was considered and approved, there was no proposed or required “permanent commons”, even though the BLUO, at the time, required 20,000 sq. ft. of commons per subdivision lot. A discussion ensued, and Mr. Ring suggested that, at most, he was willing to add existing lot 10 (1.21 A. 0.93A upland) to the existing Common Lot (3.25 A. 2.04 A. upland) to create 4.46 A.(2.84 A. upland) of commons. Further discussion ensued, including provisions of Sec. 12(K)1. Ultimately, it was decided to accept Mr. Ring’s offer, and he agreed to have Mr. Benson (PLS) make the agreed changes to the Plan. The Board VOTED to approve the Application (5-0) with the proviso that the Fire Department Zone, including installation of the 10,000 Gal. water tank be completed prior to issuance of building permits for any of the seven new lots.

b.   Completeness Review of Site Plan Review Application by Michael Bradford-Map 6 lot 1-4. Mike Bradford and Stephanie Eaton presented a plan to construct three commercial buildings (one auto detailing shop, and two self-storage buildings in the development zone of a 6.5 Acre lot. The Board reviewed the Application for completeness, and found (5-0) that it will be Complete with the addition of “Shoreland Zone” to the labeled Resource Protection Zone (per I-4a), and Wetland areas for the entire 6.5 A. lot on the Plan. A site visit was scheduled for May 12, and a Public Hearing was scheduled for 6:30 PM on June 6. Chair Holt will seek an opinion from the MMA regarding the necessity for a Commercial Building Permit for buildings (3) of less than 2000 sq. ft.

7. Other Business ~ No progress has been made on revisions to the Application Form, or on Ordinance development.        

8. Future Meetings ~

            July 11, 2016 (Organizational Meeting), August 1, 2016, and September, 2016

Adjourned at 8:46PM.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary