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Minutes - October 3, 2016 (Draft, subject to correction)

 

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

Code Enforcement Officer Present: R. Gallegos

Members of the Public S. Salsbury, K. Gainguest, C. De Tuede

Members of the Press   None.

Chair Holt called the first of four Public Hearings to order at 6:37 PM. 

1.      Public Hearing on Proposed Gravel Permit Application by Harold MacQuinn, Inc. for Map 20, lot 12 (Higgins Pit). S. Salsbury gave a brief synopsis of the Application for this 9.4A, long time gravel operation on the West side of the MacQuinn Road. There was no public comment, so the hearing was closed at 6:40 PM.

2.      Public Hearing on Proposed Gravel Permit Application by Harold MacQuinn, Inc. for Map 9, lot 13 (Sand Pit). This is an 8.0A, long time, little used pit on the East side of the MacQuinn Road, adjacent to the Higgins Pit. There being no public comment, the hearing was closed at 6:42 PM.

3.   Public Hearing on Proposed Gravel Permit Application by Harold MacQuinn, Inc. for Map 3, lots 31 and 33 (Kittridge and Miro Pits), totaling 22.0A. Chair Holt noted that there is no water elevation or quality data for OW1, and that the citizens of Lamoine, and Board members, need time to review data in order to make informed decisions. Although there is some water data available, is it sufficient to permit the Board to make the required findings? With regard to set-backs, Chair Holt noted the 50’ set-back shown on the boundary with Manring is not permitted under the 2014 Ordinance. Excavation within a 50’ strip of a 100’ buffer may be permitted under certain circumstances. Chair Holt asked the applicant’s intentions for activity within that 50’ setback area, and was told that excavation is planned. Section 1B-1-5 requires restoration within 1 or 3 years.

The 17A portion (Kittridge) of the pit has only 2, instead of the required 3 test wells, and more data is needed. B. Gillett filed a one-page commentary dated 10/3/16, on the “Aesthetics of the Kittridge Pit”. The Public Hearing was closed at 7:03 PM.

4.   Public Hearing on Proposed Gravel Permit Application by PCJ, LLC for Map 3, lot 4 (McDevitt Pit). This is a 5A. pit. Tadema-Wielandt asked why there is no set-back shown on the boundary with McDevitt, there was no definitive answer. The hearing was closed at 7:07 PM.

 Chair Holt then called the regular monthly Planning Board meeting to order at 7:09 PM.

      5. Consideration of Minutes of the September 6 and 19, 2016 meetings, postponed until the November 7, 2016 meeting.

      6. Code Enforcement Officer’s Report ~

     a.   Permits Issued (7+5) ~ Report accepted.

           b.   Enforcement Issues (5) ~ Holt asked about the 9/08/16 complaint against    SARJOY, Inc. Report accepted.

     c.   Conditional Permit follow up (4) Holt filed a written complaint vs. Sarjoy for the Misty Way II subdivision violation. Ordinance provides for monetary relief. Select Board will discuss at their next meeting. King Pit (M3-L4) requires reclamation of entire North bank, replacement wells for PW4 and PW5 drilled, data provided, not yet filed in property files. ~ Report accepted.

Holt advised that the Gravel Ordinance provides for the CEO to issue notices of violation without having a written complaint. Legere opined that if conditions required for permit issuance have not been met, then no permit issues.         

7. Conservation Commission ~ No report.

8. Old Business ~ Chair Holt provided a memo to the members of the Board regarding his complaint v. SARJOY (attached).

9. New Business~

a.       Gravel Permit Application-Harold MacQuinn, Inc. Map 20-lot 12, Higgins Pit. The Board reviewed the Application in light of the requirements of Section 8 of the Gravel Ordinance, (Performance Standards). The five missing items from last month’s completeness review were found to be present. The Board’s review found that all performance standards are met, and the application is APPROVED.

          b.    Gravel Permit Application-Harold MacQuinn, Inc. Map 9-lot 13, Sand Pit. The Board reviewed the Application in light of the requirements of Section 8 of the Gravel Ordinance, and noted that all four items found missing during the completeness review have been provided. The Board’s review found that all performance standards are met, and the application is APPROVED.

c.    Gravel Permit Application-PCJ, LLC Map 3-lot 4 McDevitt Pit. The Board reviewed the Application in light of the requirements of  Section 8 of the Gravel Ordinance, and found that all performance standards are met, and the application is APPROVED.

          d.   Gravel Permit Application-Harold MacQuinn, Inc. Map 3-lot 31&33, Kitteredge Pit. The Board reviewed the Application in light of the requirements of Section 8 of the Gravel Ordinance. Several of the missing items from last month’s completeness review were found to be present, however, there was much discussion about restoration of areas where no excavation had been done during the life of the immediate prior permit. Subsequently, Holt (Fowler) MOVED to table consideration of this application until water quality, and Manring boundary set-back information is provided.

         e.    Lot Standards and Structure Setback Table ~ Chair Holt had previously provided to the members of the Board, a revised Table of Lot Standards & Structure Setbacks from Section 1 (I) 2 of the Building and Land Use Ordinance. It was explained that the proposed revisions are not substantive, but entirely for the purpose of clarification and correction of previously misleading and/or erroneous tabular information. After discussion, Holt (Leger) MOVED to approve the proposed revisions, 5-0

     10. Future Meetings ~November 7, 2016, December 5, 2016, and January 5, 2017.

Adjourned at 8:27 PM.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary