MINUTES OF THE LAMOINE PLANNING BOARD

August 6, 2002

Chairman P. Fowler called the meeting to order at 7:00pm

Board Members Present: J. Bragdon, D. Coleman, P. Fowler, M. Garrett

CEO – John Holdsworth

Members of the public in attendance: T. Belch, J. Braley, B. Carver, Jr., B. Davis, J.A.Davis, P. Downey, R. Farrell, T. Gott, P. Iossa, B. Jones, C. Korty, T. Morrison, S. Salsbury, P. Wallace, R. Workman, J. Wuorinen, S. Wuorinen.

Minutes -  Minutes of the July 2, 2002 Planning Board meeting were accepted as written.

Code Enforcement Officer’s Reports – Code Enforcement Reports were accepted and placed on file. CEO John Holdsworth requested the Planning Board consider an amendment to the Building and Land Use Code. Presently the code reads road setbacks are to be seventy-five feet from the center of the road. The CEO recommends setbacks be fifty feet from the edge of the road right of way. To maintain the seventy-five foot set back unduly impacts a subdivision road vis a vis a more widely traveled one.

Conservation Commission – Pat Wallace has collected information about wetlands which she will share with members of the Planning Board.

OLD BUSINESS

1.       Subdivision Completeness Review – J. Aubrey Davis (Map 4, Lot 41) –D. Coleman moved to accept the subdivision application as complete. Seconded by P. Fowler, the vote was unanimous. This matter is scheduled for a public hearing at the Board’s September 3, 2002 meeting.

2.       Subdivision Completeness Review – P.Downey/T.Belch (Map 3, Lot 39) – M. Garrett moved and J. Bragdon seconded a motion to accept the application as complete when one listed condition is met. That condition is a letter from the Fire Chief or his deputy assuring fire protection can be provided to the proposed lots.          The Board will visit the site on Sunday, August 18th, convening for the purpose at the Town Hall at 8:00am. A public hearing is scheduled for the September 3rd Planning Board meeting.

3.       Public Hearing and Action on the Gott/Neleski Gravel Extraction Permit – Map 1, Lot 70 – Following a public hearing, the Board unanimously voted upon a motion made by M. Garrett, seconded by J. Bragdon, to grant the extraction permit.

4.       Approval of a new construction permit application form -  D. Coleman again requests a footnote be added to the form indicating that for commercial uses in excess of 2,000 square feet, a Site Plan Review is required. With that addition, the form is accepted. And appreciated.

NEW BUSINESS

1.       Parking area in Shoreland Zone  - J.& A.Pettegrow, Map 8, Lot 12-2 – This parking lot proposal comes to the Planning Board after its completion, no permit having been obtained beforehand. The Board raises three concerns which must be addressed before approval is granted.

a.      The Shoreland Zoning Ordinance requires that no more than 10% of land within the zone (250 feet from          the high tide mark) be “foot printed” – i.e. made impervious. The board expects the contractor (D.Gott) to provide assurance that this condition (including a proposed dwelling) is and will continue to be met.

b.       The Board needs assurance from the contractor that the parking lot is situated at least one hundred          feet back from the high tide mark.

c.       Either we accept the fact the parking lot was constructed without a permit as a fiat accompli. OR we request the parking lot be ‘undone’. OR we attempt to asses some penalty in recognition that our permitting process has meaning. The ‘customary’ penalty for ignoring a permit (Bar Harbor and others) is to assess a doubling of the permit fee. The Board unanimously requests the Selectman to asses such a penalty for a failure of the contractor to obtain a permit for this project.

2.       SSWD Permit in Shoreland Zone – J. Gallagher, Map 10, Lot 6-3. Permit approved.

3.       SSWD Permit in Shoreland Zone – Sno-Drum LLC, Map 8, Lot 12—3-1. Permit approved.

4.       Temporary Stump Storage prior to grinding – As long as stumps stored are on Fellis land other than gravel pit land, the Board has no jurisdiction. The Board did request the CEO to monitor placement of the stumps and determine the length of time stumps are apt to be stored.

ORDINANCES

           

            D. Coleman volunteered to form a committee of Board members to consider changes and/or additions to be made to the as yet ‘unfinished’ Building and Land Use Ordinance. An update of the Floodplain Ordinance will be conducted during this process.

AUDIENCE REQUEST

            A request from a member of the public in attendance that S. Marckoon make an easel available for the posting of maps for audience viewing at each meeting of the Planning Board was unanimously endorsed by the Board.

            The meeting adjourned at 9:10pm.

                                                                        Respectfully submitted,

                                                                        Michael F. Garrett, Secretary

Next Meetings:

Sunday, August 18th – Site visit of the P.Downey/T.Belch subdivision. Meet at Town Hall, 8:00am

Tuesday, September 3rd – The September meeting of the Planning Board. 7:00pm