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MINUTES OF THE LAMOINE PLANNING BOARD

January 3, 2006

Chairman S. Branch called the meeting to order at 7:05 pm .

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

CEO: D. Ford

Members of the Public in Attendance: T. Coffin, G. Ford, M. Foster, A. Perry, T. Rohner, S. Salsbury

Minutes of December 6, 2006 : The minutes of December 6, 2005 were accepted as presented

CEO Reports: Reports from the CEO were accepted and placed on file.

 

OLD BUSINESS

 

1. Update re: Pine Grove Estates Subdivision. A lengthy discussion was held about the sundry problems posed by this subdivision. Ultimately, G. Donaldson moved and M. Havey seconded the motion that follows:

“In accordance with Section 12 N 1 of the Building and Land Use ordinance, the Planning Board formally requests the Selectmen consider activity at the Pine Grove Estates subdivision in violation of the approved subdivision plan and order further activity to cease until the se listed matters are resolved by submission of a revised plan to be approved by the Planning Board .”

  1. Abutting Structure: On the subdivision plan signed by the Planning Board , the mobile home belonging to Teresa Rohner (formerly to her father, Reggie Mann) is shown as being approximately 30 feet from the subdivision property line. In fact, the home is located approximately 5 feet from the road constructed by the developer (Ronald Simons). Both parties have indicated the y have had surveys done. Nei the r party has submitted a survey to the Town Office. If the map had correctly shown the building location, the Board would have moved to ensure maintenance of the buffer and setback required by the Ordinance.
  2. Cluster Septic Design: Six of seven development lots did not meet perk requirements for on lot septic systems. A “Cluster” Septic design system was proposed, calling for sewerage from six lots to be pumped to a common septic system near the Douglas Highway . At the time of subdivision approval in 2003, the Board requested the developer to provide notification from the State of Maine that the septic system proposed met all State standards. Unrealized by the Board at the time, the letter the developer submitted from the State approved the “concept of the design , NOT the actual physical layout of the septic system which has yet to be filed. A further septic consideration is that if the road is to be relocated to satisfy buffer and setback requirements, the relocation might encroach on land necessary to make the septic system “work”.
  3. Setbacks and Buffer. Section 12 G 2 of the Building and Land Use Ordinance states: “ The subdivision design shall minimize glare and noise pollution ei the r from within or outside the development by providing and maintaining a vegetated buffer zone at least 20 feet wide along abutting property lines.” The existing condition is clearly in violation of the Section of the Ordinance.

The motion passed 5 votes to none.

2. Home Occupation Permit. – T. Desjardins. The Home Occupation permit application has been withdrawn.

3. Gravel Pit Permit Renewal Application – RF Jordan & Sons, Inc. (Map 4, Lot 8). Each and every review criteria established by the Lamoine Gravel Pit Ordinance were deemed acceptable by unanimous votes. M. Garrett moved and L. Landon seconded a motion to issue permit renewal. The vote was 5 – 0.

4. Gravel Pit Permit Renewal Applications – Doug Gott & Sons. Map 1. Lot 58; Map 1, Lot 67-1; Map 1, Lot 70; Map 3, Lot 2; Map 4, Lot 11; Map 4, Lot 16. In response to issues raised during a site visit on December 17, 2005 , S. Salsbury submitted additional information dealing with the location of the monitoring well on the Davis Pit, extending mapped boundaries to include all abutters and a somewhat more detailed description of restoration.

With these changes, the Board is in possession of two separate applications – one dated November 15, 2005 ; the o the r, December 23, 2005 . Since some information contained in the latter application either is inconsistent with that contained in the November 15th application or is in addition to that contained in the earlier application, the Board requests that the statement following be recorded an each permit renewal:

“In any way in which the applications of November 15, 2005 and December 23, 2005 differ, the information in the December 23, 2005 application supercedes that contained in the application of November 15, 2005 ”

The Board went on to consider and deem acceptable all conditions required by the Ordinance for permit renewal. In each case the vote was unanimous. M. Garrett moved and M. Havey seconded a motion to authorize issuance of permit renewals. The vote was unanimous.

5. Subdivision Pre Application – Toby Stephenson, Map 10, Lot 7-1. In response to suggestions made at a site visit on December 17, 2005 , S. Salsbury and A. Perry submitted a new lot layout. The proposal will have one entry/exit off Woodcock Lane and one off Mud Creek Road . So long as the se entry/exits serve no more than two lots each , the Board will consider the m to be driveways as opposed to subdivision roads. These listed conditions remain outstanding and must be satisfied before application approval will be considered.

  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 expanded to meet Ordinance requirements
  4. The length (in feet) of all side lot boundaries needs to be specified.
  5. The exiting leading from (proposed) Lot #3 enters and egresses on Mud Creek Road , not Rt. 204
  6. Wetlands need be delineated and placed on the map.
  7. As long as vehicle access serves only two lots, that access will be considered a driveway and may be constructed accordingly. Should in future fur the r subdivision occur, driveway(s) must be constructed according to subdivision road standards. (Building and Land Use Ordinance, Section 12 F 2 g.) Right-of- ways designated for driveways must contain sufficient width to permit subdivision road construction when and if called for by future subdivision.

NEW BUSINESS

1. Bald Eagle Habitat. The Board notes designated Bald Eagle zones and will look for some way to alert prospective buyers in the se zones of restrictions on construction. Perhaps the area(s) could be designated on the Shoreland Zoning Map.

2. Report for Town Report. S. Branch will write the Planning Board 's report for the Town Report. He will happily accept suggestions from Board members.

OTHER

1. Given a couple of recent glaring examples of the Board's difficulty keeping tabs on “conditions” affixed to the various permits it grants, the Board will seek ways to “monitor” fulfillment of attached conditions. All agreed it would be a good idea to ask S. Marckoon to “tickle” permit conditions as a reasonably reliable method of monitoring.

2. G. Donaldson asked about the status of recently permitted bunk and boat houses in the Bar Harbor Highlands subdivision in relation to a letter received from T. Towne. A preliminary discussion led to the suggestion that the Board set aside time in the near future to discuss what has happened in the subdivision and what it portends for the future.

The meeting adjourned at 9:30 pm .

Respectfully submitted,

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Monday, Janaury 9, 2006 Shoreland Zoning workshop. 6:30 pm. Town Hall.

Tuesday, February 7, 2006 Monthly meeting. 7:00 pm Town Hall