Town of Lamoine, Maine
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Board Members Present: John Holt (recused), Don Bamman, Chris Tadema-Wielandt, Perry Fowler (recused), Richard McMullen, Steve Gabel-Richards
Members of Public Present: Carol Korty, Paul MacQuinn,
Public Hearing - Gravel Permit Application, Harold MacQuinn, Inc. - Kittredge Pit,
Map 3 / Lot s 31 & 33.
Meeting called to order at 6:36 PM
Chair Holt began meeting by announcing his recusal from the proceedings.
Katie Foster then presented a memorandum to those present highlighting their (MacQuinn’s) concerns with chair Holt participating in proceedings to get it on the record.
A request from Friends of Lamoine was submitted to the Board requesting that Perry Fowler recuse himself from the Board for this application citing a possible financial benefit resulting from his business relationship with Harold MacQuinn, Inc. After a brief discussion, Fowler recused himself.
Gordon Donaldson read, from a handout he distributed, four points he wanted to make regarding the application.
over ambiguity of where the southern boundary to the permitted
boundary of the wetland which juts into the active pit area in the northwest
3. Questioned whether or not continued extraction in the pit adjacent to the wetland would cause harm to the wetland. He suggested asking for an independent analysis of this.
3. Finally, he raised the question of slopes within the pit and whether or not they could be realistically restored to the required slope of 2.5 : 1. He suggested that the Board might consider adding a condition to the permit asking the operator to bring those slopes in line with the 2.5 : 1 final slope before continuing.
John Holt presented next as a member of the public and representative of the Cold Spring Water Company (see Handout). Holt discussed the map submitted by Salsbury of the pitand questioned where certain boundary points are located as they are not marked on the ground. This made it impossible for Board members on their site walk to relate what they saw on the map with what they were seeing on the walk. He then brought up the placement of test well PB-1 in relation to relation to point E on the map. In the prior two applications, well PB-1 and point E were at virtually the same location. On the current map, for this application, the well appears to have moved 50 feet north in relation to point E on the map. This results in uncertainty about where the southern boundary of the permitted area is and what could be excavated. This boundary also represents the benchmark elevations for future restoration of the pit to the required
2.5 : 1 slope as required by the Ordinance. Holt asked the Board to require Salsbury to survey and clearly mark all the boundaries in question and for the Board to hold another site walk to check these concerns. Holt also asked the Board to consider placing two conditions on the permit, should they grant it. FIrst, excavation within the pit should be limited to a 2.5:1 slope from permitted boundaries, and, any portions of the southern access road from Douglas Highway that are within the 100 foot setback area be relocated outside of the setback.
Charles Brann raised the question of how the Town polices the actions of the operator given past practices which have been in violation of the Ordinance.
Kathy Gaianguest then requested that the Board seek an independent study of the wetlands impacted by this pit to determine what is necessary for preservation. See her handout for details about her concerns regarding the wetlands.
Carol Korty followed up with a reminder that conditions have changed since the last report was submitted on the wetlands on this site and should be updated to insure adequate protection of the wetlands.
Gordon Donaldson discussed the absence of detail concerning restoration detail and how this will be handled to safeguard the wetland.
Katie Foster, in response, stated that the Ordinance does not require that boundaries be marked on the ground. She also took exception to any suggestion that Salsbury may not have done an accurate job in surveying the site. Finally, she stated that there is no requirement that MacQuinn submit updated wetland surveys for this application.
Discussion then followed as to what is required and what is not in reviewing this application. Holt reminded those present that this is not a renewal, but a new application which might require updated information.
Public Hearing adjourned at 7:28 PM
Regular September Meeting
Adjustment to agenda to move consideration of Findings of Fact and Decision to first item considered. Approved
Acting chair Bamman brought up concern over objectivity of Salsbury as agent of applicant and surveyor of record. Requested independent survey with airphoto overlay. Also asked for profiles indicating slopes existing within the pit. Discussion of requests, for and against.
Motion made (Tadema-Wielandt/ Gabel-Richards) to have independent survey done of property under review and that the slopes mentioned earlier be determined and indicated on the survey. A fairly long discussion followed about what the Board felt it needed and how best to obtain that information. The previous motion was then withdrawn and it was decided that Salsbury would be given the opportunity to recheck the boundaries in question and mark them on the ground. A follow up site visit was then scheduled for Wednesday, September 25, at 3:30 PM. The Findings of Fact and Decision was tabled until the next scheduled Board meeting.
Consideration of Minutes: Motion to accept as amended (Holt/Tadema-Wielandt) 5-0
CEO Reports: the CEO was not present so there was no discussion of these.
Ordinance Development: Holt presented formal draft of Shoreland Zone map compiled with help from Gordon Longsworth of the College of the Atlantic GIS Lab. It has been sent to the state for review. When it is returned a public hearing will be scheduled.
Motion to adjourn: 8:45 PM