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Minutes - January 4, 2016

Planning Board Members Present: Holt, Bamman, Fowler, Tadema-Wielandt, McMullen, 6:35 Legere (alt.)

 6:37 Gabel-Richards (alt.)

Code Enforcement Officer Present: M. Billings

Members of the Public Present: B Gillette B. Jones, S. Salsbury, R. Brey, R Gallegos

Members of the Press None

1. Public Hearing on the application by Bret Jones, et. al. for a commercial building permit: Map 4 Lot 6-3

            Chair Holt called the Public Hearing to order at 6:35 p.m. 

There being no public comment, and all information required of the applicant from the December 7th meeting having been submitted in a timely fashion, the Public Hearing was closed at 6:37 PM.

2. Public Hearing on the application by Richard McMullen, et. al. for a commercial building permit: Map 4 Lot 21A

Chair Holt called the Public Hearing to order at 6:37 p.m. Board member R. McMullen, one of the applicants, recused himself from consideration of this application at the December meeting. Abutter Richard Brey spoke, indicated that he is satisfied with the plans as submitted, and assurances which he received from R. McMullen. All information required of the applicant from the December 7th meeting having been submitted in a timely fashion, the Public Hearing was closed at 6:39 PM.

3. Public Hearing on the application by Doug Gott & Sons, Inc. for a gravel extraction permit: Map 3 Lot 2 (Smith Pit) 12A.

Chair Holt called the Public Hearing to order at 6:39 p.m.

There being no public comment, and all corrections and additional information required of the applicant from the December 7th meeting having been made and submitted, the Public Hearing was closed at 6:41 PM.

4. Public Hearing on the application by Doug Gott & Sons, Inc. for a gravel extraction permit: Map 3 Lot 6 (B & H Pit) <5A.

Chair Holt called the Public Hearing to order at 6:41 p.m. D. Legere noted that the 50 foot ROW to adjacent Lot 8 is within the 100 foot setback and the buffer area. 

There being no public comment, and all corrections and additional information required of the applicant from the December 7th meeting having been made and submitted, the Public Hearing was closed at 6:46 PM.

Chair Holt then called the regular monthly Planning Board meeting to order at 6:46 PM

5. Consideration of Minutes of the December 7, 2015 meeting.

Fowler (Bamman) moved to approve the minutes as presented. Approved by VOTE of 5-0.

6. Code Enforcement Officer’s Report

        a. Permits Issued – report accepted

b. Enforcement Issues (4) – Tilden Map 7 Lot 29-2 consent decree has been signed by R.F. Jordan (contractor) not yet by the owner (Tilden). Report accepted.  

 7. Conservation Commission – No report.

 8.  Old Business – 

a.       Review of application for Commercial Building Permit by Brett Jones, et. al.-Map 4 lot 6-3. The Board reviewed the Application for compliance with the Review Criteria set forth in the Lamoine BLUO. Whereupon, Tadema-Wielandt (Fowler) moved to APPROVE the Application. The VOTE in favor was 5-0.

b.      Review of application for Commercial Building Permit by R. McMullen, et. al.-Map 4 lot 21A. Board member R. McMullen, having recused himself from consideration of this matter at the December 7th meeting, alternate D. Legere voted as a full Board member. The Board reviewed the Application for compliance with the Review Criteria set forth in the Lamoine BLUO. Whereupon, Legere (Bamman) moved to APPROVE the Application. The VOTE in favor was 5-0.

c.       Review of application for Gravel Permit by Doug Gott & Sons, Inc.-Map 3 lot 2. (Smith Pit) The property is an existing gravel pit whose permit expired at the end of October 2015. The Board reviewed the application for compliance with the Review Criteria set forth in the Lamoine Gravel Ordinance, noting that: new plan submitted is different than the one which the Board reviewed at its December 7th meeting; the area to be excavated has been reduced by more than two Acres (the CEO will walk the waypoints for the revised Excavation Area); water elevations shown on the new plan, except for that in PW-1, are now consistent with those shown in the May 29, 2015 S.W. Cole report, with the condition that the above noted corrections be made. The Board VOTED

5-0 to issue the Permit (valid until October 2018) on the CONDITIONS that the plan be corrected to show the water depth in PW-1 consistent with the May 29, 2015 S.W. Cole report; any areas previously permitted, which are now outside of the newly permitted area, be restored. The CEO will locate same, and report to the Board.

  

d.      Review of application for Gravel Permit by Doug Gott & Sons, Inc.-Map 3 lot 6. (B & H Pit) The property is an existing gravel pit whose permit expired at the end of October 2015. The Board reviewed the Application for compliance with the Review Criteria set forth in the Lamoine Gravel Ordinance, It was noted that: the size of the pit has been reduced from 6 Acres to 4.7 Acres. The Board requires: Water elevation data from PW-4 in the Spring of 2016 to be reported to the CEO and the Board; restoration required in areas shown on Dec. 17, 2015 plan (between Lamoine Beach Road and the 50’ wide ROW and SE’ly corner in 100 foot buffer abutting McDevitt land);

Holt (Bamman) moved to issue the permit (valid until October 2018) with the above noted CONDITIONS. The VOTE in favor was 5-0.

  9. New Business – None

10. Ordinance Development  -

            Chair Holt advised members of the Board that the Zoning Board of Appeals (Appeals Board) has developed a draft of a new Ordinance governing its duties, procedures and jurisdiction. Chair Holt urged members of the Planning Board to review the draft and a similar ordinance from the Town of Southwest Harbor, and be prepared to discuss the same at the February 1st meeting.

11. Other Business – None    

12. Next Meetings –

 February 1, 2016, March 7, 2016 and April 4, 20, 2016

Adjourned at 9:05 PM.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary