Town of Lamoine, Maine
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|Minutes - December 5, 2016|
Planning Board Members
Code Enforcement Officer
Members of the Public: K. Feeney, G. Hiltz, C. Korty, C.
deTuede, L. Thomas, T. Landry, D. Henry, M. Henry, K. Rybarz, B. Gillett, K.
Gaianguest, A. Blasi, and
Members of the Press None.
Four Public Hearings are scheduled for this evening’s meeting
1. Public Hearing on Application by Harold MacQuinn, Inc. for Gravel Permit for Beal Pit (Map 7, lot 9) 4.8A, was called to order at 6:37 PM
B. Gillett and C. Korty noted that there are no “Trucks Entering” signs. Chair Holt noted that there are setback issues where this pit abuts the HORPland lot, as a waiver is effective only where gravel pits, not entire property lines (Northerly side) adjoin. The hearing was closed at 6:43 PM.
2. Public Hearing on Application by Harold MacQuinn, Inc. for Gravel Permit for Asher Pit (Map 3, lots 42+43-1) 5.0A, was called to order at 6:45 PM
C. Korty averred that the steep slope on the road side should be reclaimed prior to reissuance of the permit. Ongoing leniency should not be a continuing policy of the Board. Chair Holt denied such a policy exists. L. Thomas asked how a Permit can be renewed when existing violations have not been corrected. Chair Holt explained the ramifications of failure to comply with requirements of the Ordinance or Permit conditions. D. Legere said that two weeks ago he had requested, from the CEO, information on the annual compliance report, which he has not yet received. D. Bamman expressed similar concerns about incomplete restoration. The hearing was closed at 7:03 PM.
3. Public Hearing on Application by John W. Goodwin, Jr. for Gravel Permit for the East Lamoine Pit (Map 1, lot 75) 47A, was called to order at 7:05 PM
C. deTuede complained about 100 feet of mud and stones in the Westbound lane of Lamoine Beach Road in front of the entrance to this pit, making it hazardous for bicyclists. D. Bamman concurred. C. Korty complained about a loud grinding noise “every morning”. She said that this proposed pit is in a Rural/Agricultural Zone which permits “light commercial” business, not heavy industrial use such as is conducted on this property. C. deTuede posited that the Ordinance permits “extraction”, not importation and conversion into other products as is done in the subject property. L. Thomas asked if the CEO measures the noise emanating from a particular pit, since there are noise standards in the BLUO. C. deTuede asked whether the “Ordinance” speaks about noise from one permitted activity affecting or impacting another permitted activity. C. Tadema-Wielandt asked whether there were annual compliance inspection reports for this pit. The answer was no. The hearing was closed at 7:23 PM.
4. Public Hearing on Application by John W. Goodwin, Jr. for Gravel Permit for the Davis Pit (Map 4, lot 41-1 & Map 5, lot 15) 14.0A, was called to order at 7:26 PM
Abutter S. Callahan complained of noise from ATVs and shooting during non-working hours, and also believes that trees on the subject property have been cut up to the abutter’s boundary (buffer?). Chair Holt explained that this Board has no jurisdiction to enforce DEP or other standards. The Lamoine Ordinance governs loam, topsoil, sand and gravel. C. Korty asked whether the pit owner may permit shooting and ATV riding. K. Gaianguest asked how much extraction activity has occurred in this pit. Chair Holt explained that the Ordinance does not require any level of activity to allow issuance of a new Permit. L. Thomas asked “on what basis can the Board refuse to issue a new Permit. D. Bamman explained that the CEO can issue a “Stop Work” Order if Ordinance or current Permit conditions have been violated, such as failure to complete required restoration. Selectboard member K. Rybarz announced that the Planning Board’s annual budget has been doubled, thus enabling the CEO to spend more time on inspection and enforcement. The hearing was closed at 7:55 PM.
Chair Holt called the regular monthly Planning Board meeting to order at 8:00 PM.
5. Consideration of Minutes of the October 3, 2016 meeting. Upon MOTION by Holt (McMullen), the minutes were APPROVED 5-0. Consideration of Minutes of the November 7, 2016 meeting, it was decided to postpone to the January meeting.
6. Code Enforcement Officer’s Report ~
a. Permits Issued (6+5) ~ Report accepted.
b. Enforcement Issues (5) ~ Report accepted
7. Conservation Commission ~ No report.
8. Old Business ~
a. Findings of Fact & Decision~Application by Harold MacQuinn, Inc. for Gravel Permit for the Beal Pit (Map 7, lot 9) Inasmuch as there is required, a 100 foot buffer along the boundary between the Beal Pit and land of HORPland (Map 7, lot24), except where permitted gravel pits abut, and the current Application does not show one, it was MOVED Holt (Legere), and VOTED 5-0, to table consideration of this Application until the January 9th meeting.
b. Findings of Fact & Decision~Application by Harold MacQuinn, Inc. for Gravel Permit for the Asher Pit (Map 3, lots 42 and 43-1) After full review and consideration it was MOVED Bamman (Tadema-Wielandt) and VOTED 4-1, to table a decision on this Application until the January 9th meeting, approval to be conditioned upon recording of a reclamation plan at the Hancock County Registry of Deeds in accordance with Section 8 (D)2.
c. Findings of Fact & Decision~Application by John W. Goodwin, Jr. for Gravel Permit for the East Lamoine Pit (Map 1, lot 75) After full review and consideration it was found that all performance standards have been met, and the Permit Application is APPROVED
d. Findings of Fact & Decision~Application by John W. Goodwin, Jr. for Gravel Permit for the Davis Pit (Map 4, lot 41-1 & Map 5, lot 15) After full review and consideration it was found that all performance standards have been met, and the Permit Application is APPROVED.
e. SARJOY, Inc., creation and sale of illegal, unapproved lot. The Selectboard has authorized the CEO to meet with the Town Attorney, such meeting having not yet taken place.
9. New Business ~
a. Request by Ronald Simons to divide into two lots, lot 2 of the Pine Grove Estates, an existing, approved subdivision. The Applicants agent, S. Salsbury, agreed to provide a complete application to the Board for its consideration at the January 9 meeting.
b. With regard to the settlement agreement between Harold MacQuinn, Inc. and the Town (see e-mail from D. Pileggi, Esq. attached). Chair Holt queried what the procedure will be for the “new re-application”.
10. Review of 11/21/16 Permit Conditions Tracking Report~
Chair Holt will accompany the CEO on inspection of the seven Pits on the list.
D. Legere voiced concern that Ordinance enforcement needs to be tracked in a timely fashion. Chair Holt wants this list to be available only to members of the Planning Board.
11. Future Meetings ~ January 9, February 6, and March 6, 2017.
Adjourned at 9:40 PM.
C. D. Tadema-Wielandt, Secretary