Minutes of the Lamoine Planning Board

June 4, 2002

Chairman Doug Coleman called the meeting to order at 7:05 PM

Present were:  Planning Board members Douglas Coleman, Maryann Orzel, Joan Bragdon, Perry Fowler, Gordon Donaldson; Code Enforcement Officer John Holdsworth and members of the public Timothy Gott, Michael Woodard, Ralph & Mary Miro, Jay Fowler, Nicholas Pappas, Warren Craft Sr., Carlton Johnson, John Holt, Dale Macurdy and Carol Korty.

Minutes – The minutes of May 14, 2002 were approved as amended on a 4-0 vote.

CEO Report – The board accepted the report from the Code Enforcement Officer as written.  CEO Holdsworth reported he is pursuing the Department of Marine Resources letter of April 12, 2002 regarding two malfunctioning septic systems.

Miro Gravel Proposal – Ralph Miro spoke of establishing a charitable organization on 100-acres.  Chairman Coleman reminded Mr. Miro that if he is going to extract gravel he will need a site plan review permit and a gravel extraction permit, and must comply with all relevant ordinances and laws.

Site Plan Review – C. Johnson (Map 3 Lot 25-1) Mr. Johnson pointed out on the mylar the tree screening, the driveways and parking areas, Mr. Stephens’ name, the new size and location of the building and the corrected boundary lines.  These items were requested at the May meeting.  The Board reviewed the review standards from page 11 of the Building and Land Use Ordinance.  Concerns expressed were as follow:

a.       There is no written description of the buffer zone and screening procedures and that he confer with Mr. Higgins regarding their placement.

b.      A report from Sebago Technics be included.

c.       A description of the plan for hazardous waste removal, including the report of Pollution Solutions of Vermont.

d.      Standard # 20: The application does not include a statement of financial and technical capacity.

e.       Ms. Orzel expressed concern that the proposal is an increasingly commercial activity in the Rural/Agricultural Zone (RAZ) and a residential area, as noted in the Comprehensive Plan.  The total square footage is to increase to 11,140 for the site (well above the commercial and home occupation limits).

Mr. Donaldson moved to approve the plans with conditions a through d above.  Mr. Fowler 2nd.  Vote was 2 in favor, 3 opposed.

Reasons stated for opposition:

1.      The project is an increasingly commercial activity of this size 11,140 square feet, which qualifies it as industrial in an RAZ and residential area violates the Comprehensive Plan.

2.      Standard # 1

3.      Standard # 2

Appeals Board decision regarding the Woodard Subdivision – Melody Havey, the acting chair of the Board of Appeals, presented the Findings of Fact and Decision and requested that the Planning Board approve the conditions the Board of Appeals is suggesting:

           

a.       That there be two turnout areas to permit multiple emergency vehicle access

b.      Increase the side slop of the road for safety purposes to 4:1 (see diagram and Findings of Fact/Decision).

Mr. Donaldson moved to add the two conditions to the approved permit as requested above.  Mr. Fowler 2nd.  Vote in favor was 5-0. Planning Board members signed the mylar.

Appeals Board Decision regarding Doug Gott & Sons, Inc. – Ms. Havey distributed copies of the Board of Appeals Findings of Fact/Decision regarding the Gott appeal of the Planning Board’s denial of a Site Plan Review permit application.  The Board of Appeals voted 4-0 to overturn the Planning Board decision.

After extensive discussion, the Board asked for time to examine the decision and to reacquaint itself with the application.  The Board agreed to meet on June 18, 2002 at 6:00 PM at Gott’s pit to walk the pit and make a decision on the Site Plan Review permit.

The meeting adjourned at 9:52 PM

Respectfully submitted,

Gordon Donaldson, Acting Secretary

GD/sm