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Minutes - May 3, 2021


Board Members Present: John Holt, Don Bamman, Richard McMullen, Perry Fowler, Chris Tadema-Wielandt, Stewart Workman, Steve Gabel-Richards


Members of the Public: Carol Korty, Kathryn Gaianguest, Lori Googins, Steve Roiphe, and Steve Salsbury for Harold MacQuinn, Inc.


CEO: Rebecca Albright


Public Hearings:


First order of business was consideration of a change in the agenda to reflect the submission from Steve Salsbury requesting a one month delay in actions pertains to the Kittredge Pit. John Holt recused himself and Don Bamman chaired this discussion. Bamman expressed his displeasure at the untimely nature of the request. After a brief discussion, it was moved, Tadema-Wielandt/Fowler, to hold the public hearing as scheduled. Passed 5 - 0. A motion was then made, Gabel-Richards/McMullen, to postpone agenda items B,C, and D to the June regular meeting. Passed 4 - 1 with Tadema-Wielandt voting against.


John Holt resumed as chair and opened the public hearing for the gravel pit application for PCJ LLC, Map 37 - Lot 3-2.


Carol Korty for Friends of Lamoine

            1. During the March 16 site walk she was reassured by the completeness of the plan for restoration. She then asked if this was the proper time/place to comment on a portion of the pit that was not part of the application. Holt responded that she should make those comments to the Select Board.


No further speakers, hearing closed at 6:52 pm.


Public Hearing for Gravel Permit Application for the Kittredge Pit.


Carol Korty for friends of Lamoine

            Korty questioned whether or not Friends of Lamoine still had standing on issues related to the Kittredge Pit.


Kathryn Gaianguest for Friends of Lamoine

            1. During the March 16 site walk, she observed a new perpendicular wall, over 100 ft high, with evidence of shifting and unstable conditions.

            2. She also mentioned confusion about boundaries and lack of markers showing the area covered by the application. Asked if MacQuinn workers were aware of the boundaries and did they cross them. Commented on the long history of problems dealing with MacQuinn and their willingness to push the limits of the Gravel Ordinance regulations.

Given these concerns, Friends of Lamoine is requesting the following:

            1. That MacQuinn establish clear, permanent markers showing the boundaries of lots 31 & 33 thus showing where the Maine Supreme Court has excluded gravel extraction.

            2. Submit a detailed restoration plan for the area mined above lot 31.

            3. Complete this restoration before the end of April

            4. Cease further work activity until numbers 1 - 3 have been completed.

            5. Schedule a new site visit after completion of #s 1 - 3.

            6. Establish a written description of any and all further excavation within lots 31 & 33 including a plan for slope maintenance.

            7. Submit a detailed restoration plan for the entire pit including types of material to be brought in, and a timeline for the work.

            8. Create a regular schedule for the CEO to visit and evaluate the work.


Steven Roiphe -  Expressed mounting frustration with Harold MacQuinn, Inc. and how the way they have dealt with the Town. He recommends that, to the extent allowable under our ordinance, the Board limit future expansion of gravel operations by MacQuinn. He felt that this was in keeping with the Town vote not to permit any new pits.


John Holt, for Cold Spring Water Co.

            Stated that the current application is nearly identical to one filed in 2017, which doesn’t expire until 2022. The major difference being is the addition of a new haul road that lies outside of the permitted area. Because it is outside the permitted area and in excess of 10,000 sq ft of material worked, MacQuinn would be required to file a site plan review permit separate from the gravel permit application for this new road. Since the site plan review has not occurred, Holt requested that all reference to the new road be removed from the gravel application and map. If this is done, he sees no reason for denial of the application.


Written testimony by Willem Brusaert, Ph.D. was entered into the record.


Written testimony by Gordon Donaldson was read and discussed the lack of specific plans for restoration of the site.


Kathryn Gaianguest asked whether or not the public would be able to respond to any responses given by the applicant to comments at tonight’s public hearing.


Public Hearing closed at 7:22 pm.


Regular Monthly Meeting


Consideration of minutes from Feb. 1 and March 1. Motions were made to accept the minutes as written. Holt/ Tadema-Wielandt for Feb. minutes. Passed 5 - 0. Holt/Bamman for March minutes. Passes 5 - 0


Code Enforcement Officer’s Reports

1.      Permits Issued - no comments

      2.   Enforcement Activities - CEO currently working on three issues. Nothing for the Board to act on now.

      3.   Permit Conditions Tracking Report - none


Old Business - none


New Business

            Gravel Permit Application, PCJ LLC, King Pit, Map 7 Lot 3-2 - All conditions of the application were found to be met by a 5 - 0 vote, except for L, the adverse effect on neighboring properties which passed 4 - 0 with Bamman abstaining. Moved by Holt/Bamman to find application complete and approve the permit. Passed 5 - 0.


Ordinance Development - waiting for the upcoming Town Meeting for approval of submitted changes.


Upcoming Monthly Meetings - 6/7/21, 7/11/21, and 8/9/21. Meeting Closed: 7:42