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Town
of Lamoine, Maine |
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The Official Website of Lamoine's Town Government |
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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