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Minutes - July 10, 2017

Present: 

- Board members Perry Fowler, Richard McMullen, Chris Tadema-Wielandt and John Holt

- CEO Rick Gallegos

- Timothy Gott, Steve Salsbury, Ed Bearor, Jesse Cameron, Kathleen Rybarz

 

Absent:

-  Board member Don Bamman; alternate Board members Steve Gabel Richards and David Legere

 

1.  Chair Holt called the meeting to order at 7:00 p.m.

 

2.  Public Hearings:

a. Gravel Permit application, Horpland LLC, Map 7 / Lots 13 + 24, “Butler Pit”

No questions or comments from the public

 

b. Gravel Permit application, Harold MacQuinn, Inc, Map 7 / Lot 9, “Beal Pit”

No questions or comments from the public

 

c.  Gravel Permit application, Doug Gott & Sons, Inc, Map 1 Lot 67-1 (“Alexander Pit”), Map 4 / Lots 11 & 16 (“Davis Pit”) and Map 1 / Lot 70 (“Deerworldz Pit”)

No questions or comments from the public

 

d. Gravel Pit Application, Cameron Stone & Landscaping, Map 4 / Lot 41-A,  “Cameron Pit”

No questions or comments from the public.

 

Chair Holt closed the Public Hearings at 7:10 pm

 

3.  Minutes of the May 1 and June 5 meetings

a. Minutes of the May 1, 2017 meeting were approved as drafted.

 

b. Minutes of the June 5, 2017 meeting were approved as amended.  The amendment consisted of changing the name of Steve Salsbury to Perry Fowler as the one who commented at the public hearing regarding the Wayne Alley application.

 

4.  CEO Reports

The usual CEO reports of permits issued and enforcement activities were accepted.

 

5.  Site Visits.

Holt noted that Notes from the June 13 site visits associated with the Gravel Permit applications noted in 2. above had been submitted for the record.

 

6.  Finding of Facts & Decision  - Gravel Permit application, Doug Gott & Sons, Inc, Map 1 Lot 67-1 (“Alexander Pit”), Map 4 / Lots 11 & 16 (“Davis Pit”) and Map  1 / Lot 70 (“Deerworldz Pit”)

 

A lengthy discussion took place regarding the extent of any setback required along the common boundary of the Alexander Pit (Map 1/Lot 67-1) and the parcel owned by the Town of Lamoine (Map 1 / Lot 58).  The applicant, through his attorney Ed Bearor, contended that previous contracts between the Town and Gott authorized Gott to excavate up to the common boundary and that the Planning Board had not required any setback when the existing permit was approved in 2014.  Chair Holt argued that the previous contracts were no longer in force and, since the Town’s parcel had no active pit on it, no new setback waiver was permitted; thus, the 100’ setback required by the ordinance was mandated despite the failure to impose a setback in 2014.  The Board and the applicant agreed to the following:  The 100 foot setback buffer along the entire easterly side of the Alexander Pit must be established, with the A – E portion of the buffer as noted on the Site Plan restored within two years of the date of the permit and the E-F portion of the buffer as noted in the Site Plan restored within one year.  The applicant would have the right to remove any stored previously excavated material within the buffer and to excavate at a 2.5:1 slope any material remaining in the buffer area.  This agreement would satisfy the A.1. review standard and the Restoration review standard.  The Site Plan map must be redrawn to indicate the required restoration and the conditions will be noted on the permit itself.  All other review standards were met by the application.

By a 4-0 vote, the Board approved the Gravel Permit subject to the conditions as noted

above.

 

7.  Finding of Facts & Decision - Gravel Pit Application, Cameron Stone & Landscaping, Map 4 / Lot 41-A,         “Cameron Pit”

Chair Holt noted that information previously missing had been supplied by the applicant on June 19 and the application was now complete. 

The Board reviewed the performance standards checklist and found the application met all the requirements.  The Gravel Permit was approved 4-0.

 

8.  Finding of Facts & Decision - Gravel Permit application, Horpland LLC, Map 7 / Lots 13 + 24, “Butler Pit”

The applicant, Perry Fowler, provided a signed boundary line agreement with Harold MacQuinn Inc to eliminate the setback requirement between the two abutting pits and also agreed, after discussion, to pay the required amount into the restoration escrow account.  The Board reviewed the performance standards checklist and found that the application met all the standards with the condition that the escrow amount be paid.  The Gravel Permit was approved 4-0 with that condition.

The permit will be dated July 10, 2017 to July 9, 2020.

 

9.  Findings of Facts & Decision - Gravel Permit application, Harold MacQuinn, Inc, Map 7 / Lot 9, “Beal Pit”

The applicant, through its agent, Steve Salsbury, provided a boundary line agreement with Horpland LLC to eliminate the setback requirement between the two abutting pits.  The Board, having previously found all other performance standards had been met, voted 4-0 to grant the Gravel Permit, dated July 10,2017 to July 9, 2020.

 

10.  Site Plan Review pre-application, Doug Gott & Sons, Inc., Map 2 / Lot 11, to establish a road and install underground electrical conduits.  Steve Salsbury, agent for Doug Gott & Sons, Inc., explain the plan to the Board.  An application will be submitted at a later date.

 

11. Permit Conditions Tracking Report

There was discussion regarding the required restoration of the 100 buffer along the east side of the Asher Pit.  The CEO reported that earlier hydroseeding had yielded no results.  The Board asked the CEO to communicate with Harold MacQuinn Inc, informing him that a plan for a different method of establishing vegetation must be submitted to the Board at its September 11 meeting. 

 

12.  Election of Officers.  Due to the absence of some members and alternates, the Board voted to postpone elections until the August meeting.

 

13.  Dates for the Kittredge Pit Expansion meetings

The following dates were agreed to by the Board and the applicant, Harold MacQuinn Inc.

Site Walk, September 14, 3 pm

Public Hearing, September 27, 6:30 p.m with September 28 as additional meeting date if required.  Meetings to be held at the school

Special Meeting of the Board, October 10, 7:00 p.m, at Town Hall.

 

Submitted by John Holt January 16, 2018, as no other minutes for the July 11 minutes can be located.  Minutes created by watching meeting on tape.