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Minutes - October 4, 2021 (Draft, subject to correction)

 

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

 

Members of the Public Present: Nick and Marcy Razun, Stephen Salsbury (for Doug Gott & Sons), Michael Emmans, Jim Boyle

 

CEO: not present

 

Public Hearing Opened at 6:30 pm

            Gravel Permit Applications, Doug Gott & Sons, Inc., Map 3 / Lot 2, Smith Pit and Map 3 / Lot 6, B & H Pit. No public comments or discussion for either application. Hearing closed.

 

Regular Monthly Meeting

 

Consideration of Minutes, September 13, 2021.Motion (Bamman/Fowler) to accept minutes as written. Passed 5 - 0.

 

Code Enforcement Officer’s Reports:

            Permits Issued - reviewed, no discussion.

            Enforcement Activities - none

 

Permit Conditions Tracking Report:

            Kittredge Pit - several conditions were placed on the permit. They were to be completed by October 7, 2021.

 

New Business:

            Gravel Permit Application, Findings of Fact and Decision, Doug Gott & Sons, Inc., Smith Pit, Map 3 / Lot 2. Board proceeded through the checklist with the following results. All votes on conditions met were unanimous except where noted.

            Section A - Setbacks - conditions met

            Section B - Screening - conditions met

            Section C - Groundwater Protection - conditions met

            Section D - none proposed

            Section E - Transportation - condition E1, covered loads passed with a 4 -1 vote with

                               Tadema-Wielandt voting not met. All others were 5 - 0.

            Section F - Hours of Operation - conditions met

            Section G - Noise - conditions met

            Section H - Annual Report - conditions met

            Section I - Exterior Lighting - none

            Section J - Air Pollution - conditions met

            Section K - Landscape Preservation - conditions met

            Section L - Adverse impact on neighboring properties - 4 - 0 - 1 with Bamman

                              abstaining.

            Section M - Operation conforms to Comprehensive Plan - conditions met

            Section N  - Motion (Holt/Fowler) Based on above findings of fact, this application is

                               approved. 5 - 0.

 

            Gravel Permit Application, Findings of Fact and Decision, Doug Gott & Sons, Inc., B & H Pit, Map 3 / Lot 6. Results of the Board review of the checklist was the same as for the previous application, with Tadema-WIelandt voting no on section E1, covered loads and Bamman abstaining on section L, adverse impact on neighboring properties. Moved (Holt/Fowler) to approve application, 5 - 0.

 

Subdivision Permit Application Completeness Review, Maine Woodland Properties, Map 3 / Lots 32-1 through 32-7.

 

Before beginning Application Review Checklist, Board went through some of the changes made to the map/application since the September Board meeting. Jim Boyle mentioned the following changes to the map, tidelines, the 100 year flood zone, changes to the subdivision road and associated changes in lot lines, culverts are now shown and Holt mentioned the 250 ft shoreline setback, along with the 100 ft setback line. Bamman commented on the inclusion of wetland area. Also received were the covenants, a letter from the Lamoine Fire Chief regarding fire protection, and the addition of the 10 ft contours on the map. Holt reminded the Board of a couple of substantial questions which were raised. The first being the inclusion of common land and public access. Another was the matter of the lot in the southeast corner of the property (adjacent to the former Miro home) which is to be conveyed to an abutting property owner. Holt gave his understanding of this that if there was not a legal record of conveyance, the lot would be considered part of the subdivision.

 

The Board then went through the Review Checklist. Application requirements were found present except as noted.

 

            5. Several covenants were brought up during discussion of requirement #5. One question had to do with road maintenance and whose responsibility it was. Board was told that this fell with the Homeowner’s Association.

 

            7. As part of section 7, it was mentioned that fire zone parking areas were not included on the plan. A condition that this be added was included with this section.

 

            8. It was mentioned here that when to came time for a site visit, some stakes in the ground marking boundaries would make the process much easier.

 

            12. Question about whether utilities would be above or below ground.

 

            14. Plans for fire protection are not present, so this requirement is not met.

 

            17. Applicant asked to update application to include culverts, fire hydrants, and fire zone parking area.

 

            20. A  - water supply - wells

                  B - sewage - individual septic systems

                  C - applicant will check on presence of water fowl or wading bird habitat along the shore.

                  D - not present yet.

           

            23. Other information required by the Board.

                  Developer mentioned that he will be deeding the 50 ft strip of land at Northeast of property bordering Map 3 / lot 34 to the owner.

                  Emmans agreed to get a purchase and sale agreement for the lot to be conveyed to abutter. Holt commented that if the abutter did not have a legal claim to the lot that it would remain a part of the subdivision.

 

                  Holt raised a serious question about changes in the plan pertaining to the roads. The subdivision ordinance requires all lots to have road frontage and if on a cul-de-sac, 75 ft on the cul-de-sac. This in in the ordinance in section H, lot size and density standards.

                Holt then brought up one final concern, that there is no provision for any common use space in the development. The ordinance states that the subdivision shall provide common use space and the Board may require up to 10% of the development as such. He also had concerns about the lack of access to the Jordan River from Lamoine and the fact that this was the last large parcel of land along the river from which access could be provided. The Board discussed with the developer the conflicting needs of the Town and the developer and each side seemed clear on what was needed.

                The CEO ask for the area of the land designated for the footpath to the shore and the parking area.

 

                The Board requested that any submissions to meet the proposed conditions be brought to the Board two weeks before the next meeting.

 

It was moved (Bamman/McMullen) to find the application complete with the conditions previously recorded. Passed 4 - 0 - 1 with Holt abstaining.

 

Site visit set for 10/25 at 4 PM.

 

Public Hearing set for November 1 at 6:30 PM

 

Next regular meetings: November 1, December 6, and January 3.