Town of Lamoine, Maine
Home
Town Hall
School
Fire Department
Boards
Calendars

MINUTES OF THE LAMOINE PLANNING BOARD
July 6, 2004

Vice Chairperson S. Branch called the meeting to order at 7:02pm.
Board Members Present: S. Branch, M. Garrett, L. Haft, M. Havey, B. Jones. C. Ohmart
Code Enforcement Officer: Dennis Ford
Members of the Public in Attendance: E. Bearor, E. Champeon, K. DeFusco, G. Ford, M. Googins, Jr., S. Googins, M. Harriman, C. Korty, P. MacQuinn, R. MacQuinn, D. Murphy, K. Murphy, S. Salsbury, D. Springer, N. Springer, J. Wourinen.

Election of Officers. The Board unanimously voted to install G. Donaldson as Chairman; S. Branch as Vice Chairman and M. Garrett as Secretary for the coming year.

Minutes: Minutes of the June 6, 2004 meeting were approved as presented.

Code Enforcement Officer’s Reports: The reports were accepted and placed on file.

Conservation Commission: The Commission is engaged in grant writing to obtain funds for a groundwater study in Lamoine. Some funds have been raised.

OLD BUSINESS

1. The G. Rhyne SZO permit, previously approved, was granted

2. The D. Ashmore Mobile Food Vendor permit, previously approved, was signed.

3. Gravel Pit Permit, H, MacQuinn, Map 3, Lot 31.

Public Hearing: A Public Hearing was called at 7:10pm. P. MacQuinn explained the scope of the project. E. Bearor addressed how he believed the performance standards were being met. Most of the discussion was conducted by L. Champeon of S.W. Cole Engineering. The discussion centered around issues raised by John Peckenham, Assistant Director of the Senator George J. Mitchell Center for Watershed and Environmental Research. His issues were drawn from the S.W. Cole Engineering study for the pit under consideration.

C. Korty, S. Googins, K. DeFusco and J. Wourinen took an active part in the discussion.

At 8:08pm, M. Garrett moved and M. Havey seconded a motion to close the public hearing. The vote was unanimous.

Consideration of the Permit Application: There follows a list of votes cast by the Planning Board on the standards to be met for permit approval. For a full reading for the standards, consult pages 186 and 188 of the Gravel Ordinance, Section 7, D (Approval of Permits) and Section 8, (Performance Standards).

1) Unsafe and unhealthful conditions. The Board voted 5 – 0 in favor of the standard being met.
2) Erosion or sedimentation. The Board voted 5 – 0 in favor of the standard being met.
3) Water pollution , existing groundwater, springs or ponds. The Board voted 5 – 0 in favor of the standard being met.
4) Conserve natural beauty. The Board voted 4 – 1 (M. Havey opposed) in favor of the standard being met.
5) Public ways. The Board voted 5 – 0 in favor of the standard being met.
6) In conformance with performance standards in Section 8, Pages 188 & 189

For the record, the Board voted 5 – 0 in favor of all of these requisite standards being met.

Excavation, Screening, Groundwater Protection, Restoration*, Transportation, Access, Hours of Operation, & Noise.

On a motion by M .Garrett, seconded by L Haft, the Board voted 5 -0 to approve the Gravel permit with two conditions. (1) *Mr. Miro needs to sign a letter authorizing the MacQuinns to record a restoration agreement with the Hancock County Registry of Deeds. A copy of the registered restoration agreement is to be filed with the town of Lamoine within thirty days following Site Plan approval.

(2) A second condition deals with two different interpretations of the Site Plan fee for this project. Should the Town attorney rule that the entire project falls within the scope of Site Plan review and therefore the entire project is subject to a larger fee than the MacQuinn’s have thus far paid, the MacQuinns will pay the difference.

The Site Plan will be reviewed for completeness at the August 3, 2004 meeting.


NEW BUSINESS

1. Request of Douglas & Nancy Springer to extend a building permit (for the second time) for Lot 13, Map 15-1. M. Garrett moved to grant the extension with the proviso that should the project not be completed in the coming year, a new permit will be required. B. Jones seconded the motion. The vote was unanimous.

2. Request of Dennis Ford for Board approval of a SSWD permit in the Shoreland Zone. Map 8,
Lot 9-1
. M. Garrett moved and M. Havey seconded a unanimously passed motion to grant the permit.

2. Request of Kimberly Murphy for commercial expansion to the Lamoine General Store. Map 7
Lot 7-2
. Following a discussion, M. Garrett moved to consider the pre application complete. L. Haft seconded the motion. The vote was 4 in favor. M. Havey opposed. A site visit is scheduled for 8:00am on Saturday, July 10, 2004.

3. Subdivision pre applications:


a) Gary Murphy/John Goodwin. Map 4, Lot 31. On condition that across the street abutters be added to the official map, M. Garrett moved and M. Havey seconded a motion to accept the pre application as complete. The vote was unanimous. A site visit is scheduled for shortly after 8:00am, Saturday, July 10, 2004

b) Steve Joy, Map 4, Lot 48. M. Havey moved, M. Garrett seconded a motion to accept the pre application as complete. A site visit is scheduled for shortly after 8:00am on Saturday, July 10, 2004.

c) Sarjoy, Map 4, Lot 36 M. Garrett moved and L. Haft seconded a motion to accept the pre
application as complete. The vote was unanimous. A site visit is scheduled for shortly after 8:00am on Saturday, July 10th.

Following action on the Steve Joy and Sarjoy pre applications above, the Board began to discuss whether creating these abutting subdivisions is in conformance with state statues. The Board agreed to hold this discussion at a later time.

d) Duane Crawford/Steve Joy. Map 3, Lots 19. A number of items were missing from the pre application. Namely: The Map & Lot numbers, road frontages, lot sizes and yard widths. M. Garrett voted to approve the pre application. L. Haft seconded the motion. The motion was unanimously defeated.

OTHER BUSINESS

1. A number of items contained in the Building & Land Use Ordinance are in need of interpretation. The difference between restoration and renovation; does/can the CEO issue SSWD permits in the Shoreland Zone or must the Planning Board do it are two such items.
The Board agreed that each member will bring to the August 3, 2004, any such items in need of interpretation. A list will be compiled for consideration at a workshop to be scheduled by the Board at the August meeting. Note: The purpose of this meeting will be to interpret what is in the BLUO, NOT to add changes to it.

2. SSWD permit in the Shoreland Zone for S. Heitfert, Map 16, Lot 18. M. Garrett moved and M. Havey seconded a motion to authorize the permit. The vote was unanimous.

ORDINANCES


Appeals Board Ordinance – Future steps will be considered at the to-be-scheduled workshop.

Building and Land Use Ordinance Changes. The Board will decide the next step at the aforementioned workshop.

Parks Ordinance – The Board has previously given its “blessing” to the Ordinance and passed it to the Board of Selectpersons with a recommendation it be adopted.

Meeting adjourned at 10:16pm.

Respectfully submitted,

Michael Garrett, Secretary

PENDING ATTRACTIONS

July 10, 2004 Site visits to the General Store, and to the proposed subdivisions of Gary Murphy, Steve Joy and SARJOY. Members meet at the General Store at 8:00am

August 3, 2004 Monthly meeting of the Planning Board.