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Lamoine Planning Board Minutes

December 6, 2005

Approved 1/3/06

Vice Chairman G. Donaldson called the meeting to order at 7:00 pm .

Board Members Present: G. Donaldson, M. Garrett, M. Havey, L. Landon, C. Ohmart

Members of the Public in Attendance: D. Barr, T. Barr, K. Brown, T. Coffin, K. DeFusco, T. Desjardins,

J. Heath, J. Leavitt, H. Lovett, T. Rohner, S. Salsbury, T. Simons, T. Stephenson, T. Towne

“Sitting in” for the CEO: S. Marckoon , and Cable TV Tech K. Murphy

Minutes of November 7, 2005 . A motion was made and passed to amend the starting time of the November 7, 2005 meeting to read 7:00pm instead of 7:30pm . The minutes were the n accepted as amended.

CEO Reports: Building and Plumbing reports were accepted and placed on file. M. Garrett moved to table the Ordinance Enforcement Issues report pending a discussion of the two dealing with the Bar Harbor Highlands Subdivision. (See “Other” below.) The motion to table passed.


1. Request of the Planning Board to discuss potential boundary line problems in the Pine Grove Estates Subdivision, Map 7, Lots 4, 4-4. In this Subdivision, approved in 2003 and with a permit extension in 2005, some serious questions exist. The major question is whe the r construction now in process corresponds accurately with the approved Subdivision plan. Specifically, the Subdivision developers are asked to provide the Planning Board with reliable confirmation of the road frontage along Route #184 AND of the road location within the subdivision. Is that which exists that which was approved on the final Subdivision Plan?

Yet another problem stems from a subdivision lot ( Lot #1) having been sold on November 22, 2005 . Advice from Anthony Beardsley, the Town Attorney, states a building permit must be issued IF all conditions (set backs, etc.) established in the Ordinance are met. However, the Board is obligated to notify the lot owner that resolution to the questions above could involve some encroachment of land on Lot #1 which might make it less desirable or even non-conforming in its configuration.

The CEO is asked to inspect and investigate the Board's concerns and report findings to the Planning Board .


1. Home Occupation Permit Request – T. Desjardin (Map 6, Lot 3). Tammy Desjardin seeks to legitimize the fact she is renting space to conduct a Day Care previously permitted as a Home Occupation to the owner of the property. Her request is to continue the operation as a Home Occupation.

The Board concludes that since Ms. Desjardin does not own the property, but ra the r rents the property with intent to make a profit, her request for a Home Occupation permit is not legitimate. She needs instead to file an application for a Commercial permit and submit it at the Board's January 3, 2005 meeting. A motion to this effect was made by M. Garrett, seconded by L. Landon and passed unanimously.

2. Gravel Pit Permit renewals – D. Gott & Sons. Map 1 Lot 58 ( Town of Lamoine ); Map 1, Lot 67-1 (Doug Gott & Sons); Map 1, Lot 70 (Neleski Pitt); Map 4, Lot 11 (Doug Gott & Sons); Map 4, Lot 16 ( Doug Gott Lot). These several lots, with concurrent permit expiration dates and being in close proximity, are being considered as separate parts of a single Gravel Pit permit application. While the conditions listed may apply to one or more of the se parts, it is the responsibility of the applicant to satisfy the se conditions for any or all parts.

M. Garrett moved that the pit permit application be accepted as complete pending satisfactory implementation of the se listed conditions:

  1. Permit application item #3. The application map needs to be amended to include those areas to the South and West which will the n reflect ALL of the land encompassed in this application.
  2. Additionally all abutters, including those across Rt. #184, should be labeled.
  3. Permit application item #7. The time remaining (in years) on the lease of the pit, Map 1, Lot 58 needs to be stated rather than the ten year total duration of the lease.
  4. Permit application item #8. A copy of the “irrevocable letter of credit …given to DEP for restoration” needs to be filed as part of the application.
  5. Permit application item #12. If a washing operation is to be established anywhere in the se several pits, there needs to be a statement so stating AND addressing the ground water extraction conditions stated in this application item.

The applicant is further requested to identify on the map, via of a color code or o the r easily distinguishable designation, each of the separate pits in such a way that an observer can relate that which is in the application text with that area on the map being addressed by the text.

The motion was unanimously carried.

A site visit is scheduled for Saturday, December 17, 2005. Site visit participants will assemble at the Town Transfer Station at 8:30 am .

3. Gravel Pit Renewal application – RF Jordan & Sons, Inc. Map 4, Lot 8. M. Garrett moved and L. Landon seconded a motion to accept the application as complete. The vote was 5-0 to approve the motion.

A site visit is scheduled for Saturday, December 17, 2005 immediately following the visit above.

4. Subdivision pre-application – T. Stephenson – Map 10 Lot 7-1. M. Garrett moved and C. Ohmart seconded a motion to accept the application for this four lot subdivision as complete pending satisfactory implementation of the se listed conditions.

  1. On (proposed) Lot #2, the map needs to show the setback from the house to the road and from the road to the side lot boundaries on both sides.
  2. On (proposed) Lot #2, the septic system and setbacks from it need to be located and identified
  3. The road frontage for (proposed) Lot #3 needs to be adjusted
  4. The length (in feet) of all side lot boundaries needs to be specified.

The motion passed, 5 in favor; none opposed.

A site visit is scheduled for Saturday, December 17, 2005 immediately following the two site visits above (approximately 10:00 am).


1. Communication from Terry Towne re: permits issued in the Bar Harbor Highlands Subdivision. In recent months, the CEO issued three permits (one for a “boathouse”; two for “bunkhouses”) in the Bar Harbor Highlands Subdivision. Where the re is to be no plumbing in any of the se structures, the CEO interpreted the Ordinances to allow a building permit to be issued making use of “alternative toilets”.

“Hold on”, says Terry Towne. “The permits may be in violation of local Ordinance requirements and/or State regulations.” In the CEO's absence, T. Towne sought only to provide information to the Board for use in later discussion. The Board received the considerable amount of information and recognizes the re are some complex issues that need to be addressed. The issue(s) will be discussed at the Board's January meeting.

2. Hancock County Commission Membership. S. Marckoon presented the Board with information about the services of the Hancock County Commission and the commission's request to the Town to join. G. Donaldson reviewed an earlier relationship between the Town and the Commission. The Board is open to hearing more about potential Commission services and will, in conjunction with the Conservation Commission, discuss the matter at a future date.

The meeting adjourned at 9:30 pm.

Respectfully submitted,

Michael F. Garrett, Secretary



Tuesday, December 13, 2005 SZO workshop. 6:30 pm. Town Hall.

Saturday, December 17, 2005 THREE site visits, commencing at the Town Transfer Station and ending on Woodcock Lane . Participants will assemble at the Transfer Station at 8:30 am

Tuesday, January 3, 2005 . January meeting. Town Hall. 7:00 pm .