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MINUTE OF THE LAMOINE PLANNING BOARD
May 4, 2004
Approved 6-1-04

Chairman G. Donaldson called the meeting to order at 7:00pm.
Board Members Present: S. Branch, G. Donaldson, M. Garrett, M. Havey
Deputy Code Enforcement Officer: D. Ford
Members of the Public in Attendance: D. Ashmore, J. Bragdon, G. Ford, S. Joy, P. MacQuinn,
R. MacQuinn, K. Parton, J. Pettegrow, J. Ploszaj, F. Stocking, T. Whitney, J. Wuorinen, R. McDevitt

Minutes: The minutes were accepted as read. The Board acknowledged the fine and thorough effort Acting Secretary L. Haft put into taking notes for and drafting these minutes.

Code Enforcement Officer’s Reports: The reports were accepted and placed on file. However the Board unanimously concurs that, henceforth on the “Ordinance Enforcement Issues” Report, the names of property owners be listed in the “Alleged Violator(s)” column.

Conservation Commission: F. Stocking summarized current activities of the Conservation Commission. His presence at this meeting was to discuss the proposed Parks Ordinance. (See agenda item 8 – “Ordinances”.)


OLD BUSINESS

1. Request from D. Ashmore re: Mobile Vending Cart – Map 2, Lot 6. D. Ashmore presented to the Board letters from abutters, none of whom object to this proposal. The Board then considered the single pre application for this twenty foot “mobile vending cart”. These listed items of information are necessary to complete the pre application and allow the Board to further consider the matter.

a) There needs to be a written description of the activity.
b) The map submitted needs to reflect set backs – from the road and from both the parking area and “mobile vending cart” physical site to each abutting side lot.
c) Utilities need to be specified. What will be the source of water? How will soiled water be disposed of? What length cord/cable is required to deliver electricity? From what source will electricity flow? How much amperage will be required?
d) The pre application needs to state the hours of intended operation.
e) A copy of the State issued license.

At its June lst meeting, the Board will consider which, if any, of the Performance Standards delineated in the Freeport (Maine) “Peddler’s Ordinance” might be applicable to this proposal.

An “On Site” inspection will be conducted on Saturday, May 22nd at approximately 9:30am
A Public Hearing will be held at the Board’s June lst meeting at 7:00pm

2. Request from Steve Joy re: Saltwater Farm Subdivision “expansion” – Map 4. Lot 46. After some discussion, M. Garrett moved and M. Havey seconded a motion to consider this “expansion” as an amendment to the originally amended and approved Saltwater Farm subdivision. S. Joy will be required to submit, as part of his application to meet subdivision review standards, only that information which is unique to the amended proposal. The vote was unanimous.

3. Information regarding a subdivision question on Eagle Point. If a person purchases a number of
lots in a subdivision and the lots are conforming at the time of purchase, those lots may later be sold
individually as described in the approved subdivision plan.

NEW BUSINESS

1. Request from K. Parton to extend Building and Shoreland Permit #03-12, Map 8, Lot 5-4-1.
There being nothing proposed that was not proposed to acquire the original permit, S. Branch moved and M. Havey seconded a motion to grant a one year extension of the existing permit. The vote was unanimous.

The Board also instructed the Secretary to request from the Town Administrator an “official form” for granting permit extensions.

2. Request from Harold MacQuinn, Inc for Gravel Pit expansion, Map 3, Lot 31. To complete the application, Harold MacQuinn Inc is required to:

a) Submit a letter from Mr. Miro indicating MacQuinn, Inc has leased this lot and has
permission to mine gravel from it.

b) Show in coded color, those areas planned for reforestation during the term of the permit.

c) Provide a hydrological study citing what, if any, impact mining this area might have on
the water supply of the Cold Spring Water Company AND to provide a location for a
monitoring well as near the Cold Spring Water Company’s potential ground water supply as is hydrologically feasible on the site.

Site Visit – Saturday, May 22, 2004. Interested parties should meet at the Town Hall at 8:00am

3. NRPA Permit/local permitting requirements for J. Ploszaj, Map14, Lot 66. After considerable
discussion, a divided Board voted to adopt the following statement:

“In the opinion of the Planning Board, the proposed path constitutes a “structure” and therefore
the proposed path is not permitted in the Shoreland Zone.”

A motion to adopt this statement was made by M. Garrett, seconded by M. Havey. Three members voted for adoption of this opinion, one (S. Branch) did not.


OTHER PUBLIC BUSINESS
J. Holdsworth’s Letter Regarding the Gardner permit, Map 14, Lot 48. Board minutes of April 6, 2004 state in part:

“It was ultimately the CEO’s responsibility rather than the Planning Board’s to issue the permit. John responded via a letter but the Planning Board has not yet received it. The members of the Planning Board will review the letter and discuss at the next meeting.” The Board has opted to hold that discussion at its June lst meeting.

ORDINANCES

1. Appeals Board Ordinance: The Board made some minor adjustments to the draft drawn by M. Havey. She will make those adjustments and forward a copy of this, our final product, to the Town Administrator. The Board voted (a unanimous motion made by M. Garrett, seconded by M. Havey) that the Town Administrator seek input from the Board of Appeals and the Selectpeople with the intent to schedule a vote on this Ordinance at the Town Meeting in November.

2. Parks Ordinance: F. Stocking explained the history, intent and application of this draft of a Parks Ordinance for the Town of Lamoine. The Selectpeople asked the Conservation Commission to draft a Parks Ordinance and submit it to the Planning Board. The Ordinance is deliberately vague in places.
Since different standards might apply to different parks, one ordinance cannot fit all and so an appointed Parks Commission will be charged with setting individual park standards

M, Havey moved and S. Branch seconded a motion to forward this Ordinance to the Selectpeople and
ask them to schedule the Ordinance for a Town vote in November.

Meeting adjourned at 9:25pm

Respectfully submitted,


Michael Garrett, Secretary


FUTURE COMMITMENTS

May 11, 2004 - Informational meeting on BLUO changes. 6:30pm. Town Hall
May 13, 2004 Town Planning Meeting. 6:30pm. Lamoine School
May 22, 2004 Two on site visits. Meet at the Town Hall at 8:00am. Site Visits
to a MacQuinn gravel pit expansion and to D. Ashmore’s
site for a proposed vending machine
May 25, 2004 Public Hearing on June 8th referenda. 7:00pm at the Lamoine School
May 27, 2004 Public Hearing on June 8th referenda, 7:00pm at the Town Hall.
June 1, 2004 Planning Board’s regularly scheduled June meeting. 7:00pm. Town Hall
June 8, 2004 Special Town meeting referendum election