Minutes of the Lamoine Planning Board

January 8, 2002

Chairman D. Coleman called the meeting to order at 7:02pm.

Board Members Present: D. Coleman, G. Donaldson, M. Garrett, M.A.Orzel

Deputy CEO:     J. Larson

Members of the Public in Attendance: J. Barnes, B. Boland, B. Coleman, J. Holt, M. Jaegerman,

J. Jerabek, S. Joy, R. King, T. Levesque, N. Luck, R. MacQuinn, R. McDevitt, M. McFarland,

S. Salsbury, G. Schimpf, A. Stocking, L. Tscheiller, E. Weare, M. Weare, J. Wuorinen,

S. Wuorinen

Minutes - Minutes of the December 4, 2001 meeting were accepted as read.

Code Enforcement Officer’s Report(s) - The reports were accepted and placed on file.

Public Hearing – Saltwater Farms subdivision (Map 4, Lot 46) proposed by S. Joy. Issues of water and soil integrity, traffic, road location and a right-of-way to the property of E. Weare were presented by B. Boland, T. Levesque, M. Weare, J. Jerabek and N. Luck. The hearing was closed following this discussion.

Action – Saltwater Farms subdivision referenced above – On a motion by G. Donaldson, seconded by M. Garrett, the Board approved the subdivision permit contingent upon these listed conditions:

1.       The address of Beth Boland on the subdivision map is incorrect and needs to be corrected.

2.       The road as shown on the subdivision map is centered twenty-five feet from an abutting landowner. The ordinance requires this distance to be thirty feet. The road is to be relocated at least five feet further from that abutting boundary.

3.       A letter from Michael Mullen of the Maine Department of Environmental Protection (DEP) states proposed road construction will likely require a Tier I permit under regulations promulgated by the Natural Resources Protection Act. A condition of this permit requires Mr. Joy to obtain a Tier I permit and, if necessary, a DEP water management plan.

4.       Based upon a letter written by Fire Chief George Smith, Lot #9 on the subdivision plan cannot be adequately served fire protection with existing equipment. Since the board is unwilling to approve a lot which it knows to lack adequate fire protection and since the Board holds a responsibility to protect the health and safety of all residents, a condition of this permit is for S. Joy to determine what he has to do to provide adequate fire protection to Lot #9 and present evidence of adequate protection to the Board.

Public Hearing – Gravel Pit Site Review Plan, Timothy Gott, Map 1, Lot 70 – The Site Plan Review request encompasses an area of approximately 47 acres of which, according to testimony of S. Salsbury, twenty to thirty acres may be mined at any given time. M.A Orzel moved and G. Donaldson seconded approval of the Site Review Plan. The motion was unanimously defeated by a 4 – 0 vote of Board members present. For these reasons:

  1. On page 25 of the Lamoine Site Plan Review Ordinance – Section K, 3, a. (1) - (March, 2001) is written:

“All excavations, including test pits and holes, shall be promptly (emphasis added) capped, refilled or secured by other equally effective measures so as to reasonably restore disturbed areas and to protect the public health and safety.”

 

Given the number of years the petitioner has mined gravel in Lamoine, the Board is unanimously of the opinion that a failure to date to restore mined areas that could and should be restored is a violation of the ordinance. Subsequently, and particularly in view of the size and scope of the permit request, the Board feels that to grant the permit would be to condone the violation.

  1. The Lamoine Site Plan Review Ordinance (March, 2001, page 25) states: “All applicable standards of the Lamoine Gravel Ordinance, as amended, shall also be met.” On page 2 of the Lamoine Gravel Ordinance (Section 1, Purpose) – revised March 5, 1996 is written:

“The purpose of this Ordinance is to define and regulate the excavation, extraction, processing, storage and transportation of sand, gravel, crushed stone, soil and loam in the Town of Lamoine in order to protect the public health, safety and welfare and to conserve the natural beauty of the town.”

The issue of concern to the Board (in addition to preserving the natural beauty) is one of public health. Mining as close to the capped landfill as the petitioner requests, poses a serious potential threat to the drinking water of those whose property abuts the landfill. In a recent meeting with the Lamoine selectmen, Robert Birk, of the Department of Environmental Protection, urged there be a limit to development surrounding the landfill. Abutters, too, have consistently expressed concern about the impact of this development on the quality of their water.

Accepting this caution and cognizant of potential harm to the water supply of abutters and hence to their public health, the Board feels justified in denying this Site Plan Review request.

3.       On page 11 of the Lamoine Site Plan Review Ordinance (March 2001) are contained “General Review Standards”. First among them (#1) is ”to Preserve and Enhance the Landscape”. The Board holds this standard is not presently being met. Further, the Board contends mining on the scale proposed will clearly have an adverse effect on the landscape contrary to the intent of the ordinance.

  1. On Page 21 of the Lamoine Site Plan Review Ordinance (March, 2001, #10 – “Ground Water Protection”) is written:

“The proposed site development and use shall not adversely impact the quality or quantity in the aquifer or any water supply systems.”

While there is no evidence the aquifer’s quality or quantity of water has been compromised to date, the Board has received testimony from eminent experts (Messers Robert Gerber, Harold Borns, Robert Birk) that continued extraction, especially in the vicinity of the capped landfill, poses a threat, particularly to water quality.  Based upon this testimony, the Board holds the threat to be of sufficient magnitude to deny this application.

Subdivision, Partridge Heights, Michael Woodward, Map 8, Lot 2. There being no party present to present testimony, this item was set aside.

Site Plan Review – Carleton Johnson, Map 3, Lot 25-1. There being no party present to present testimony, this item was set aside.

Site Plan Review – John Goodwin, Map 1, Lot 75; Map 4, Lot 41-1. Though not present, Mr. Goodwin has requested this item be considered at the Board’s February 11th meeting.

Request for Well Data from the State Geological Survey. The Board voted unanimously to request that S Marckoon write to ask the State Geological Department for all data on wells of record in Lamoine filed with them and for a sample questionnaire(s) soliciting well information to be used as a starting point for data collection of Lamoine wells.

Gateway Communities Conference. M. Garrett was unanimously “designated” to represent the Lamoine Planning Board at this conference.

Adjournment. Upon motion made by G. Donaldson, seconded by M. Garrett, the Board adjourned at 9:05pm.

                                                                                    Respectfully submitted,

                                                                                    Michael F. Garrett, Secretary

Meetings to note:

                        Tuesday, January 15, 2002            Building & Land Use Ordinance information

                                                                        Hearing. 7:00pm. Town Hall

                       

Monday, February 11, 2002            February Planning Board meeting

                       

Thursday, February 14, 2002            Selectmen meeting at which there will be a public hearing on the Building and Land Use Ordinance.

                       

Monday, March 4, 2002            March Planning Board Meeting