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Minutes - March 20, 2017 (Draft, subject to correction)

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

Code Enforcement Officer: Absent: R. Gallegos

Members of the Public: S. Salsbury, P. MacQuinn, Atty. D. Pileggi, Atty. E. Bearor, Atty. K. Foster, C. deTuede, B. Gillett, C. Korty, K. Gaianguest, A. Blasi

Members of the Press:  J. Weaver.

Chair Holt called this special Planning Board meeting to order at 7:04PM, and began the meeting by reading an explanation (attached) that its sole purpose is to consider Applications by Harold MacQuinn, Inc. for Site Plan Review and Gravel Extraction Permits for 108 Acres of land on the Easterly side of Maine State Route 184, described as lots 31 and 33 on Lamoine Tax Map 3. Chair Holt gave a very brief history of the prior, rejected application and litigation, which resulted in an agreement that he (Chair Holt) recuse himself from participation in the subject Applications, which he then did, turning the meeting over to Vice-Chair Don Bamman.

Acting Chair Bamman then inquired whether any other Board members felt compelled to recuse themselves for any reason. Upon hearing no positive response, Acting Chair Bamman appointed senior alternate Board Member David Legere to be the voting Board member for these two Applications.

C. Korty, on behalf of Friends of Lamoine (FOL), a registered Maine not-for-profit organization, delivered a written request that FOL be granted standing in these Application proceedings. Korty further requested that R. McMullen recuse himself, based on his past support of this Application, and potential personal gain from its approval. After explanation by D. Pillegi, Attorney for the Town, of the concept and ramifications of standing, the Board VOTED 3-2 to give FOL standing. The Board further VOTED 3-1 against a motion for recusal/disqualification of R. McMullen. S. Gabel-Richards the alternate member of the Board, will act in case of a missing Board member.

Acting Chair Bamman announced that as part of the settlement agreement in the applicant’s Superior Court action, the Board will apply the Town Ordinances that were in effect at the time of the original Application in 2012. The first 237 pages of the current Application, including peer reviewed work and abutter comments, are from the 2012 Application, the remainder is all supplemental, up to date information. Acting Chair Bamman further noted several apparent errors in the Application’s table of contents, and in the pagination of some of the exhibits.Atty E. Bearor agreed to provide a new table of contents and new Application pages C. Korty inquired whether there is a “hard copy” of the application at the Town Hall.

S. Salsbury, agent for the applicant, made a brief presentation for the Site Plan Review Application indicating that the plan is to have two entrances, not three, to the expanded pit, and pointed out the numerous test wells on the property

1. Pre Application Completeness Review-Site Plan Permit Application by Harold MacQuinn, Inc. (Map 3, lots 31 and 33) Kittredge Pit.

     The Board  reviewed this Application in light of the 2012 Site Plan Review Ordinance, after which it was MOVED P. Fowler (Tadema-Wielandt), and the Pre-Application was found to be COMPLETE (5-0) (See appended check list), pending receipt of an up to date abutters list.

At the next meeting, Tuesday, April 18, the Board will consider the completeness of the Gravel Permit Application. Expert testimony will be taken at the Public Hearing. K Gaianguest inquired why the expert witnesses should not present prior to the Public Hearing so that the public has time to digest the evidence presented. D. Legere agreed, and said the Board will consider information presented by both citizens and experts. She also opined that the Town Hall should have more than one copy of the Application

Next Special Meeting ~ April 18, 2017 at 7:00PM.

Adjourned at 8:38 PM.

Respectfully Submitted,

C. D. Tadema-Wielandt, Secretary