Minutes of the Lamoine Planning Board

June 5, 2001

Chairman Doug Coleman called the meeting to order at 7:00 PM

Present were:  Planning Board members Doug Coleman, Mary Ann Orzel, David Smallidge, Perry Fowler, Gordon Donaldson, Joan Bragdon, Michael Garrett; Administrative Assistant Stu Marckoon, Selectmen Thomas Spruce, Glenn Crawford, Josephine Cooper; Code Enforcement Officer John Holdsworth, members of the public John Wuorinen, Carolyn Hamm, Sarah Heifetz, Donna Thorburn, Patricia Wallace, Jay Barnes, Mary Ellen Kimball, Timothy Gott, Steve Salsbury, Mike Woodard, Scott Leadbetter, Jay Fowler, Lynn Tscheiller, Denise Barbieri, Jennifer Osborn, Laurence Lovett, Diane Gallagher, Martin Baum and Linda Mailhot.

MinutesMay 9, 2001- Mary Ann listed a number of typographical errors to be corrected.  Mike moved to approve the minutes as corrected.  Doug 2nd.  Vote in favor was 5-0.

May 12, 2001 – Planning Board members issued a few minor corrections.  Mike moved to approve the minutes as corrected.  Mary Ann 2nd.  Vote in favor was 5-0.   Joan Bragdon sought to clarify the application of Doug Gott and Sons to read that there are no gravel washing operations in the pit. 

Code Enforcement Officer’s Report – John Holdsworth said he responded to two complaints, one on the Gott pit digging in an area possibly considered town land.  He said they were not on town property, but sloping on their own land behind the transfer station.  He said the other complaint was about a mobile home being placed on a parcel of land on Douglas Highway without a permit.  He said it is being taken care of. He said he has an application, but awaits landowner permission.  He said the trailer is not to be inhabited until a septic system is installed.  He said it’s just parked on wheels for now, and no one is living in it.  He said the trailer’s owner signed an agreement not to live in it until the septic is designed and installed.

Gott Permit – Mike said the meeting following the site visit pretty much set the conditions, and unless clarifications are needed, it should be ready for approval.  Steve Salsbury said he had more materials.  Doug asked if it were another map.  Mr. Salsbury said he had not changed the map, but he had some outlines of the agreement signed by Mr. Gott, binding the agreement.  He said they would mark the extraction area and the clearing and excavation lines.  He said they would close off the town property in 3-years and work with the Code Enforcement Officer (CEO) the next two years on restoration.

Mary Ann asked about work on the high bluff by the transfer station, and whether that can go on.  Mr. Salsbury said they are just working on the Smith property, not the town land.  Mary Ann asked Mr. Salsbury to show her on the map.  Mr. Salsbury said that work has nothing to do with the permit before the Planning Board tonight.  Mr. Gott explained they were sloping that area.  There was a lengthy discussion about where to slope from.  Doug noted that the Planning Board already approved that extraction and if the town were to revoke it, Mr. Gott would have to deal with the Selectmen on it.  Joan suggested the board put that issue aside until the town can deal with it.  Mr. Gott said to have the Selectmen work with him.  Joan said she would like to see that sloping delayed.

There was a discussion on where the sloping started, and the various agreements to dig gravel forged during the past several years.  The Planning Board read the latest updated agreement.  Mike noted the application had not made up its mind about digging near the test well.  Mr. Gott said the permit could say not to excavate below the existing floor.  Doug asked if that is understood in the agreement.  Mr. Salsbury said yes, they don’t plan to go any lower.  David said he understands that some earth will be moved within 100-feet of the test well.  Mr. Gott said yes, but they will put up a barrier beside the well.   Mike asked if sloping required the excavation less than 100-feet from the test well.  Mr. Salsbury said yes, and the grading is reflected on a final grading plan.

Mary Ann asked if Planning Board members might go into the pit without the Code Enforcement Officer.  Mr. Salsbury said the intent was that the CEO may be accompanied by anybody.  David said a Planning Board member may also be permitted.  Mr. Gott said he did not object to a Planning Board member being in the pit, but asked that they check in with the loader operator first for safety reasons. 

Mike said he had a proposal on the 100-foot setback issue.  He said if grading is required within 100-feet, a 2.5: 1 slope is required.  He suggested a condition be that digging not be permitted within 100-feet of the monitoring wells or the landfill fence except to achieve the required grade, and that under no circumstance shall excavation go below the current ground level on Map 1 Lot 58 (the town lot).

There were questions about a previous grading agreement within the buffer zone.  Selectman Glenn Crawford said his recollection is that it was approved, and it was not an issue affected by actions at that meeting.  There was a great deal of discussion over buffer zones and grading.  Ms. Barbieri said it is not in the purview of the Selectmen to eliminate a buffer zone, and discussion followed.

Gordon asked if there was any discussion regarding holding the developer responsible for any leakage of the landfill.  A discussion about the stability of the slope in front of the landfill followed.  It was noted that the grade was previously permitted.  Gordon suggested talking with an attorney.  Joan suggested the Selectmen discuss buying 50-feet of land from Mrs. Smith to protect the landfill.  Doug said that’s not on the table tonight.

Mike said the discussion puts a new wrinkle on the condition he suggested.  He said he could live with the further condition of “south of the landfill” being ordered.  Mr. Salsbury explained why they would have to go below grade further away from the landfill.

Doug asked how big the Alexander lot was, and why there was only a $200 fee.  Mr. Salsbury said they are only going to open 4-acres on the permit.  Mary Ann asked if that was on the application.  Mr. Salsbury said he’s not sure, but he just said it.  Mary Ann said he should be more specific.  David said the 4-acre number would be put in the permit.  Mr. Salsbury agreed.  David clarified that it’s 4 of the 12 acres. 

The Planning Board then agreed to add that no washing operation would be in the pit.  Stu read a suggested motion as follows:

            I move the permit for Map 1 Lots 58 and 67 be granted subject to the following conditions:

Mike so moved, Joan 2nd the motion.  Gordon moved to change the word reclamation to restoration on the 3rd condition, and the Planning Board informally agreed it to. 

Gordon went through the approval criteria for gravel pits.  The vote in favor of the motion was 4-to-1, Coleman opposed, Fowler and Donaldson not voting.  The Planning Board members signed the mylar for filing at the Registry of Deeds.

Subdivision – Stuwe/Woodard – The Planning Board asked for clarification on what was being presented.  Stu reported he had received a pre-application from Mike Woodard, a list of questions for the Planning Board, and a proposed map.  There was a discussion regarding wetlands and a stream in the area.  Mr. Woodard said the current owner put a road in.  Gordon said they need to know the acreage of the lots.  Mr. Woodward said they are listed.  He said they have test pits for lots 1 and 2, and will start work Thursday on the rest.  He said he wanted some questions clarified and they may alter the plan as they work on the test pits. 

Mr. Woodard said his first question was in regard to the 75-foot setback.   He asked if that would apply to both the Shore Road and the Subdivision road.  David said it would have to be 75-feet from both roads.

Mr. Woodard said his 2nd question involved the setback from the center of a cul-de-sac.  Gordon said it seems reasonable to say a 50-feet setback from the edge of the cul-de-sac.  John Holdsworth said it’s another inconsistency to have 50-feet established from the Right-of-Way, and said the ordinance should be more consistent.  Mike agreed the Planning Board ought to adopt that standard if there is lack of clarification in the ordinance.  Mr. Woodard said he has no problem with the setback being 50-feet from the edge of the cul-de-sac.  He asked if there could be no dual frontage setback requirement.  David said that would be inconsistent with the ordinance.  Mr. Woodard said one lot would have a small building envelope, and there was discussion regarding one lot in particular. 

Mr. Woodard said his next question involved the width of the right-of-way.  He said it’s 50-feet, but the ordinance reads that the center of streets must be set back 40-feet from abutting property lines.  Perry said that basically means a 60-foot right-of-way is needed.  Gordon said the 30-feet setback has to do with the present abutting property lines, not the lots being created in the subdivision. 

Mr. Woodard said the next question had to do with how wide the road should be.  The Planning Board said it should be at least 18-feet wide, for two 9-foot travel lanes. 

Mr. Woodard asked what are wetlands.  David said that would be determined by a surveyor or soil scientist.  Stu said a wetlands delineator is the proper person to do that.  David said 40,000 square feet of non-wetlands would be a buildable lot, 80,000 in Shoreland zone.

Mr. Woodard asked about selling a lot prior to approval of the subdivision.  He said the proposed lot #1 has been available for purchase, and noted that the owner can make one division without going through subdivision.  He said he would like to reserve that proposed lot to go forward with the sale.  Mike asked if the potential owner knows about the cul-de-sac.  Mr. Woodard said they did, and they are pleased with it.  He also said the proposed owner wishes the subdivision road to be named Moose Run. 

A brief discussion followed on the maximum lot number threshold. 

David asked about the fee per lot structure.  Mr. Woodard said he would be happy to pay the fee even if the first lot is broken off prior to subdivision approval.  David said Mr. Woodard has the right to do that.  Mr. Woodard said he hopes to sell the first lot by August, and he may not be done with the subdivision process by August. 

Mr. Woodard asked if a preliminary soils report is sufficient, or is it required that each lot have an HHE 200 form completed.  Perry said a preliminary report is sufficient.  Doug said if Mr. Woodard comes in and one lot disappears, that’ll be fine.  David said before they schedule a site visit, all the sites should be flagged.

Mary Ann asked how big the parcel is.  Mr. Woodard said about 28-acres.  John Holdsworth asked how large the smallest lot is.  Mr. Woodard said proposed lot 7 is about 2-arces.  Doug said the next step is a site visit with the test pits indicated.  Mr. Woodard said they would start the pits on Thursday morning.  David asked if they need a complete application before the visit.  Doug said no, they could add things after the visit.  Gordon said the 21 criteria should be on the site plan for a draft by the time of the visit.  Doug said there would need to be a public hearing.  He said a completeness review could take place in July, and a public hearing and action could come at the August meeting. 

Scott Leadbetter/Gravel Walkway in Shoreland – Mr. Leadbetter asked who put the matter on the agenda.  Stu said a neighbor, Susan Scott, had concerns, but he wasn’t clear on what they are.  David said there were questions last meeting about putting a motor home on the lot.  Jay Fowler said the DEP had approved a footpath, but if they move more than 10-yards of material, they need a permit from the Planning Board. 

Mike said it’s beyond a reasonable doubt that the DEP had made a site visit.  Mary Ann asked the applicants to draw out what there is and what is proposed.  Mr. Fowler said they could put a gravel pad outside the 250-foot setback.  He drew out the plan for the Board and said they are asking for a 6-foot wide walkway to the shore, not in a straight line.  Gordon asked if the area was cleared of trees.  Mr. Fowler said it had twice been cleared in the past by Ralph Jones.  Mary Ann asked if when the path is put in, could one go to the shore.  Mr. Fowler said only by walking.  Mike asked if occupancy could not exceed 120-days.  Mary Ann said she recalled something about 10-percent lot coverage.  Mr. Fowler said in the Shoreland Zone that was the case, but no buildings are proposed.  Gordon said there is no permit in the board’s jurisdiction to issue.  He said the application is for a path.  Jay said they need a permit because they are moving more than 10-yards of material.  Stu said the Board had received an application, and asked if a fee was received. 

Gordon moved to approve the application for Map 14 Lot 67, subject to the fee being paid.  Mike 2nd. 

Laurence (Lolly) Lovett asked the Board if they are familiar with the land.  She said it’s extremely wet, and storms can send water 100-feet into that area and wash it out.  She said she doesn’t know how it could be approved by the DEP.  David said it’s the DEP information they have to act on.  Mr. Fowler said the road in front of the property and the grass and rose bushes there were not washed away.  Linda Mailhot said the water washes up into that area.  Mr. Fowler said the 100-foot wash area is in the Shoreland zone, and a discussion followed on how wet it is there. 

Gordon said the DEP said it’s not a wetland.  He said the fee must be paid.  Mrs. Mailhot said there is concern that more lots could be rented out for summer use, and a discussion on that followed.  (Mr. Leadbetter supplied the Stu with the $100 fee.). 

Vote in favor of the motion was 5-0, Fowler and Garrett did not vote.

Hamm Septic – John Holdsworth distributed the design to the Planning Board.  Gordon asked what the issues were.  John explained the septic is in the Shoreland Zone, which requires Planning Board approval.  David said it’s a formality.  Mary Ann said there is no picture of the lot.  Doug said they didn’t need one.  David asked how far back the system would go from the shore.  John said 100-feet.  He said the proposed house is about 28-feet across and 32-feet back, approximately 150-to-170 feet back.  The design was briefly discussed.  Gordon said the board needs a complete application unless the procedures were changed.  He cited page 30 of the Shoreland Zoning Ordinance, and a discussion followed.  There was discussion about such approval being a waste of the Planning Board’s time and the ordinance ought to be revisited. 

Mike moved to approve the septic system.  Perry 2nd.  Vote in favor was 5-0.

Hancock County Planning Commission Membership – The board asked how much money was available.  Mary Ann said they’d better save their money for digitized tax maps. 

Digitized Tax Maps – There was confusion as to where the maps go.  Joan asked if anyone talked with the College of the Atlantic.  Mary Ann said someone out to be available by fall.  Doug said he understands it will be done by early fall, as the COA people want to work on it this summer.  He instructed Mary Ann to get in touch with COA.  Mary Ann said they’d like to have the aquifer and zoning overlay.  Stu said the floodplain overlay would be helpful as well. 

Next Meetings – Doug said a Building and Land Use Ordinance meeting would be held on June 19th at 7:00 PM.   The next regular meeting will be July 10th at 7:00 PM.

There being no further business, the meeting adjourned at 9:35 PM.

Respectfully submitted,

Stu Marckoon, Adm. Asst.