Town of Lamoine, Maine
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MINUTES OF THE LAMOINE PLANNING BOARD
February 8, 2005
Approved March 2, 2005

Chairman G. Donaldson called the meeting to order at 7:00pm
Board Members Present: S. Branch, G. Donaldson, M. Garrett, M. Havey, B. Jones, C. Ohmart
Code Enforcement Officer: D. Ford
Members of the Public in Attendance: S. Arthur, T. Bowen, G. Ford, A. Fronczak, S. Joy, C. Kelley,
S. Lara, J. Ploszaj, D. Sargent, J. Tower.

The Board accepted the resignation of Linda Haft. An expression of appreciation for her efforts was unanimously acclaimed. Cece Ohmart, an alternate Board member is now a full Board member. The Board will seek appointment of a new alternate.

Minutes: Minutes of the January 4, 2005 meeting were approved as read.

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

Conservation Commission: No representation was present.

OLD BUSINESS

1. Public Hearing: Site Plan Review Application by S. Arthur and A. Fronczak for an Indoor Riding
Arena Map 10, Lot 5-3. S. Arthur explained the project. M. Havey was excused from participation on
account of a conflict of interest. T. Bowen and D. Sargent, abutting neighbors, spoke in support of the
project. No one appeared in opposition. The hearing was closed at 7:09pm

Board Action on Site Plan Review, Map 10, Lot 5-3. S. Arthur questioned whether she should have paid a Site Plan Review fee ($250.00) rather than a Commercial Use fee ($400.00). Following a discussion, the Board concluded the operation is Commercial. The Board further concluded that the Site Plan Review is of sufficient scopeto have encompassed the review criteria necessary for a Commercial permit.

On motion of M. Garrett, seconded by C. Ohmart, the permit was unanimously approved.

2. Final Acceptance of Marlboro Mist II – S. Joy Subdivision, Map 4, Lot 36. Approval of this project was postponed in January pending agreement on the width of the subdivision road. S. Joy proposed a road width of two ten foot traffic lanes and two four foot parking and delivery lanes – in compliance with the Board’s accepted standard. On a motion by M. Garrett, seconded by M. Havey, this subdivision permit was unanimously approved.

3. Gravel Pit Renewal – J. Goodwin, Jr., Map 4, Lot 41-1. J. Tower presented a letter from an abutter agreeing to waive the 50 foot buffer on a boundary line with this pit. This met one of two conditions set by the Board in January. One outstanding condition needs to be met before permit approval is granted. J. Tower is to provide a statement (as opposed to an already provided map) describing the restoration plan to be implemented within the three year life span of the permit. The statement is to conform with the areas designated for restoration on a submitted restoration map. M. Garrett moved and M. Havey seconded a motion to grant the permit with the condition here stated. 5 voted in favor; 0 opposed.

4. Shoreland Zoning Permit(s) – J. Ploszaj, Map 14, Lot 66. J. Ploszaj proposes to build a house on a lot in the Meadow Point section of the Bar Harbor Highlands Subdivision. Lacking tax map and lot identification, lot numbers cited here are subdivision lot numbers. The house is to be situated on subdivision lot #10. Even with the filling of some wetlands, the lot cannot contain a septic/leach field system. J. Ploszaj, who owns subdivision lot #77 across Bay Road, proposes to “tunnel under” Bay Road with a sewerage line to a leach field construct on Lot 77. As the issues emanating from this proposal are complex AND are likely to be made by others living in the subdivision, the Board seeks additional information from the applicant and from the Town attorney.

From the applicant, we require the following:

1. Information which identifies both of these subdivision lots (#10 & #77) by Town tax map and lot numbers.
2. A written Tier 1 permit stating the lot is suitable for construction of a house.
3. An easement from Deb and Mark Dane in accordance with Maine State Statutes.
4. Stated in square footage, the amount of upland AND the amount of wetland comprising
subdivision lot #10.
5. An answer to this question: Can any part of subdivision lots #77 or #78 be used to “offset”
a “shortage” of upland on subdivision lot #10?

From the Town Attorney, the Board requests the following:

1. All roads within the Bar Harbor Highlands subdivision are privately owned. There is no provision for an “official” homeowners’ association nor is there any “unofficial” mechanism for tending to such items as road plowing or road repair. The question then is: Who owns the road? The Planning Board is inclined to hold the road is “owned” by the property owners on each side of it to the mid point of the road. If this is the case, what limits are incumbent upon property owners who might “disturb” the road either by surface trenching or underground tunneling?

2. Can a property owner extend a sewerage line from a property (in this case, subdivision lot #10) to a lot across a street which may not abut the road at midpoint? A look at the subdivision map shows that if a side lot line of subdivision #10 is extended to mid point in the road and a side lot line of subdivision lot #77 is extended to mid point in the road, these lots would “abut” only in the most microscopic sense. Does this meet a legal standard of “abutting”? (What we really could use is a legal definition of what constitutes an abutter for inclusion in the Building and Land Use Ordinance.)

The Board will act on the petitioners request when the above requested information is available.

5. Subdivision Application Completeness Review – D. Crawford, Map 3, Lot 19. The Board’s consideration of this application found two items lacking and set them as “conditions” of approval. They are:

a. Written approval from the State of Maine DEP (20.c. of the review application)
b. A Maine DEP statement indicating the subdivision does not violate its Storm Water
Management plan. (21. b. of the review application.)

Upon motion by M. Garrett, seconded by S. Branch, the application was unanimously accepted as complete with the two conditions listed above. The vote was 5 in favor; 0 opposed.

NEW BUSINESS

Request of S. Lara to run a septic line under Cove Road – Map 14, Lot 25. Since this request so closely parallels that of J. Ploszaj (above) the Board will await requested determination(s) by the Town attorney before further consideration.

OTHER BUSINESS

There is considerable interest in attending the “Striking a Balance” forum on March 31st. The Board instructed the Secretary to request that the Town Administrator notify Board members as soon as the time and location are known.

ORDINANCES

1. Subdivision Application form. The Board unanimously and enthusiastically accepted the subdivision application form drafted and presented by M. Havey.

2. Information hearing – February 14th. A discussion determined how we will publicly present proposed changes to the Building and Land Use Ordinance. Individual assignments were made. Though all will participate, presentation of each of the four warrants was assigned as follows:


a. “Fire Protection” warrant B. Jones
b. “Junkyard & Automobile Graveyards” warrant C. Ohmart
c. “Definitions” warrant M. Havey
d. “Technical Amendments” warrant M. Garrett

The meeting adjourned at 9:42pm.

Respectfully submitted,

Michael F. Garrett, Secretary

Future Commitments

February 14, 2005 Informational Meeting (BLUO), 7:00pm, Town Hall
March 1, 2005 Monthly Planning Board Meeting
March 31, 2005 “Striking a Balance” forum. Site and time TBA.