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Minutes - November 1, 2021 (Draft, subject to correction)

 

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

 

CEO: Rebecca Albright (arrived at 6:50)

 

Members of the Public Present: Carol Korty, Jim Boyle (representing Woodland Properties), and Rebecca Alley (Ellsworth American)

 

Public Hearing: Subdivision application, Maine Woodland Properties, “Jordan Shores” Map 3 / Lots 32-1 through 32-7.

 

            Holt stated that the conditions that were placed on the application at the October meeting were not all received by the set deadline. The plan labeled October 24 is the current plan to be considered.

            Carol Korty asked for clarification of the placement of areas set aside for parking and fire prevention. This was shown by Jim Boyle on the current map.

            Holt read a letter submitted by Nick Holt, an abutting property owner. He was generally supportive of the project, his one concern was the size of the parking area provided for public access. This area has eight spots while he has frequently counted more than a dozen cars parked up along the road and accessing the river through the proposed development.

            Tadema-Wielandt also expressed concern about the parking area, specifically the possibility of overflow parking in the area of the fire cistern and hydrant blocking access to these. Boyle responded that while the facility would be purchased by Woodland Properties, it is to be installed by the Town of Lamoine and maintained by them. They would then have enforcement responsibility for the area.

            Holt raised the question on the status of the parcels that are intended to be conveyed to abutters. The problem, as stated by Holt, is that until those lots are transferred, the project is a twelve lot subdivision which triggers a whole other set of mandates requiring a new application. The question came down to timing of the transfers and whether they should be completed before final approval of the application is given.

            Public Hearing closed at 6:57 pm.

 

Regular Board Meeting

 

Consideration of minutes: Moved to accept as amended, Holt/Tadema-WIelandt. Passed 5-0

 

CEO Reports:

            a. Permits issued - no comments

            b. Enforcement Activities

                        1. Kittredge Pit - Salsbury has until November 11 to provide the asked for materials to meet the conditions set by the Board.

 

Permit Conditions Tracking Report: See Kittredge Pit comments above

 

Findings of Fact and Decision - Subdivision Permit application - Maine Woodland Properties, “Jordan Shores”, Map 3 / Lots 32-1 through 32 - 7.

 

Holt raised the question again about the conveyance of lots to abutters and whether this needs to be completed before the application can be approved. Bamman had a question about the grade of the driveway where it intersects Douglas Highway.

 

 

The Board went through the checklist as follows:

 

1.      Impact on Community Services (BLUO sect. 3B) moved to accept, Holt/Fowler  5 - 0

2.      Maintenance of Prescribed Building Densities and Setbacks

            Sect. 12G doesn’t apply. Holt/Bamman  5 - 0

            Sect. 12H lot size and density standard.  Meets, Holt/Fowler  5 - 0

3. Preservation and Protection of Natural Resources Meets, Holt/Fowler  5 - 0

4. Retention of Open Space and Geographic or Historic Features

            Parking area and path to shore provide access for the public.

            Holt brought up a question about an easement across the property that was deeded to his children to provide access to the shore for their lots. Should this easement be shown on the current plan as it still exists? Boyle stated that this right of way coincides with the proposed public way down “The Lane” and the footpath to the shore.

Meets, Fowler/Tadema-Wielandt  5 - 2 (Holt and Tadema-Wielandt opposed, project still comprised of twelve lots, should be greater provision of open space)

5. Easements: Meets, Holt/Fowler 5 - 0. Fire department easement needs to be developed.

6. Utilities: Meets, Holt/Fowler 5 - 0. No decision has been made yet on whether utilities will be above or below ground. Waiting for estimates.

7. Land Not Suitable for Development: Meets, Holt/Fowler  5 - 0

8 Floodplain Management Requirements: Meets, Holt/Fowler  5 - 0

Section 12F, Street Design and Construction: Meets, Holt/Bamman  5 - 0

Section 12I, Fire Protection: Meets, Holt/Bamman 5 - 0  Letter from Fire Chief confirming approval of the plan.

Section 12J, Groundwater Standards: (see page 32, paragraph J, section 12. The eastern side of the property lies over the gravel aquifer which triggers certain safeguards to protect the groundwater. Add a covenant to the application forbidding fuel storage and activities requiring use and/or storage of hazardous materials in this area. With that, meets, Holt/Fowler 5 - 0

 

Motion made to approve the application with conditions, the additional covenants requested, and that the two parcels going to abutters are officially conveyed and recorded before the PB members will sign the final Plan for the subdivision.

 

Upcoming Meetings: December 6, January 3, and February 7.

 

Moved to Adjourn, Fowler/Bamman 5 - 0 at 8:08 pm