Town of Lamoine, Maine
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MINUTES OF THE LAMOINE PLANNING BOARD
June 1, 2004

Chairperson G. Donaldson called the meeting to order at 7:03pm.
Board Members Present: S. Branch, G. Donaldson, M. Garrett, L. Haft, M. Havey, B. Jones
Deputy Code Enforcement Officer: D. Ford
Members of the Public in Attendance:: A. Ashmore, D. Ashmore, L. Champeon, G. Ford, P. Gardner, K. Graceland, R. Kauffman, C. Korty, P. MacQuinn, R. Macquinn, G. Rhyne, K. Smith, T. Towne, J. Wourinen

Minutes: Minutes of the May 4, 2004 meeting were approved as presented

Code Enforcement Officer’s Reports: The reports were accepted and placed on file. The fact that names of property owners were recorded was noted. And appreciated.

Conservation Commission: C. Korty called the Board’s attention to Ordinances from the towns of Surry and Hancock placed in a Conservation Commission file in the Town Hall. She requested that Board members acquaint themselves with those sections (one in each ordinance) which pertain to provisions allowing a Planning Board to hire its own experts for testimony when needed OR at least to hire an expert jointly agreed upon by the Planning Board and the developer. She also announced a College of the Atlantic program at the school at 7:00pm on Wednesday, June 2, 2004 Useful information for long range planning has been compiled by college students.

OLD BUSINESS

1. Public Hearing on a request for a Mobile Vending Cart, Map 2. Lot 16. The hearing determined the Board’s jurisdiction to issue a permit lies in a listing of “Commercial Uses” on the Table of Uses in the Building and Land Use Ordinance. The hearing closed at 7:22pm.

Lacking Town provisions to govern mobile vending operations (a public peddlers’ ordinance), the Board adopted standards set forth in Section 43-202, Application Requirements and Licensing Procedures of the Freeport, Maine Public Peddlers’ Ordinance. Listed below are those standards and the Board’s decision either indicating compliance or amending a standard in a manner acceptable to the Board.

A. Location. Acceptable to the Board.
B. Utilities. Acceptable to the Board
C. Clean and Litter Free. The Board accepts in good faith the word of the petitioners to comply.
D. Cart design. The Board accepts the materials, color and size of the cart. “Theme” cards will be permitted as an exception to the prohibition listed in the Freeport Ordinance.
E. Awnings and Umbrellas. The Board deems them to be in compliance.
F. Visual identification of the hitch. Acceptable to the Board.
G. Cart shall not be motorized. The unit being permitted is not motorized.
H. Signs. Any signs displayed must conform to the Town of Lamoine Ordinances.
I. Lighting. Acceptable to the Board.
J. Generators. The will be no generator.
K. Limit on off-cart items. The Board amends this limit by permitting two picnic tables and two trash receptacles to be “off-cart”.
L. No Animals. There will be none.
M. Amplified Sound. This provision is amended by the Board to prohibit amplified sound.
N. Applicable “Licenses and permits”. The Board deems compliance with this provision.
O. Flame resistance. The Board amends this article to require that a fire extinguisher be on hand.
P. Licenses displayed. Licenses will be displayed.

Following review of these criteria, the Board set a fee of $50.00 and voted to make the permit valid for only one year from the date of issue. M. Havey Moved and S. Branch seconded a motion to grant a “application for a commercial establishment permit as amended be approved for operation to be issued for one year only.

2. Expansion of a Gravel Pit – Harold MacQuinn, Inc. Map 3, Lot 31. Through oversight, the MacQuinn’s did not realize they need to undergo Site Review Plan scrutiny as well as scrutiny required to obtain a gravel pit permit. There was discussion about how best to proceed through the confusion. The Board decided to consider completeness of the Gravel Permit application first; the Site Review Plan later.

Liz Champeon of S.W. Cole summarized her findings of a hydrological study of the proposed permit expansion. Questions were asked by members of the Board and the public. M. Garret moved and L. Haft seconded a motion to accept the application as complete. . A public hearing on the Gravel Permit Application will be held at the July 6, 2004 meeting of the Planning Board. Action on the actual permit awaits results of the Site Plan Review. A Site Plan Review application will be submitted at this same July meeting.

Both the Board and the applicant request clarification from the Town Attorney about what should be the application fee for the Site Plan Review. Both concur that the gravel pit fee and the Site Review Plan fee ($1,550.00) should apply to the pit expansion being sought. The question is: “Since the Site Plan Review calls for considering the whole operation (the original pit and the expansion sought) as a single unit to be reviewed, does the site plan fee also apply to the original permitted pit?”

The record should reflect that the $1,550.00 fee agreed upon by both parties does not include a fee for the acreage of the original pit. If legal counsel determines the entire project is subject to the Site Plan Review fee, an additional assessment will be made as part of the permitting process.

The Board accepted a communication from Marion McDevitt questioning by what authority the Board considers the MacQuinn petition an “expansion” rather than a “new pit”. The Board’s decision is based upon a precedent set with a Gott pit expansion several years ago.

3. Request for Planning Board to Review CEO Actions regarding S. Gardner. Map 14, Lot 48. T. Towne raised procedural questions about issuance of this permit and issuance of permits in general. He provided information he thinks will allow the Board to better understand these procedures.

4. Update on Request of J. Ploszaj for a Path in the Shoreland Zone, Map 14, Lot 66. No additional information was forthcoming. Nor did anyone show on behalf of the request.


NEW BUSINESS

Request of G. Rhyne to Place Fill in the Shoreland Zone. Map 8, Lot 5. The discussion centered mainly on whether there would be additional grasses to be mowed and possibly fertilized in the Shoreland Zone. DEP regulations forbid expansion of cultivated grasses in the shoreland because of potential fertilizer contamination of water. On a motion by M. Garrett, seconded by M. Havey the Board voted 4 in favor; one opposed to grant the permit with one condition. That condition is:

“When completed, there will be less lawn grass than presently exists.”

D. Ford is to visit the site before excavation to determine the area of lawn grass. He will then visit the site after project completion to ensure this condition is met.

OTHER BUSINESS

T. Towne raised an issue over which the Board has no authority but which could have a deleterious impact on the Board’s ability to enforce proposed amendments to the BLUO after June 8th if adopted by a Town vote. The issue centers on the wording of the proposed article to amend the ordinance. The wording reads:

“Shall an ordinance entitled June 2004 amendments to the Town of Lamoine BLUO be enacted?”

If this item receives a majority of the votes cast, the Town will have enacted an ordinance (an additional ordinance) containing the amendments. By ordinance provision, when two ordinances conflict, the more stringent conditions apply, meaning small signs, wider subdivision roads, etc.

The meeting adjourned at 10:03pm

Respectfully submitted,


Michael F. Garrett, Secretary

July 6, 2004 Monthly Meeting of the Planning Board.