FOL Submits Formal Complaint Against Gott
Background
On July 1, 2010 in Doug Gott and Sons VS. Lamoine Planning Board, the Lamoine Appeals Board upheld the Planning Board’s decision to deny a new pit on Map 3 Lots 6 and 8 because,
a gravel mining operation adjacent to residential properties is not in compliance with the Comprehensive Plan.
But in 2013 Doug Gott, Inc returned with a new idea. They would build a big, deep garage on the property, which would coincidentally displace 70,000 cubic yards of gravel. The Lamoine Planning Board had no problem with the building but balked at the gravel removal. They did not approve the plan, but this time they were overruled by the decision of the Lamoine Appeals Board on June 4, 2014. This despite the excavation for the building itself only requires removing 3,793 cubic yards! The remaining 66,000+ yards are supposedly for allowing truck access to the garage. On an acre, this represents removal of 41 vertical feet of gravel!
The action
The Lamoine Gravel Ordinance of 2013 clearly states that a gravel permit is required for any extraction over 500 yards. The Appeals Board ordered the Planning Board to issue the building permit, but the extraction of the 70,000 yards of gravel is now occurring without a permit, and that’s why Friends of Lamoine has taken action.
Friends of Lamoine is concerned that if allowed to proceed, this case will set a precedent for future “coincidental” gravel extraction schemes. In other words, obtain a building permit for a modest structure, remove the vast hill of gravel underneath and ignore the requirement to obtain a gravel permit. In fact, under the 3rd draft of the proposed revision of the Gravel Ordinance being worked on by our Board of Selectmen, mining gravel using this method will become much easier:
Below is the completed complaint form we have submitted to Code Enforcement Officer Michael Jordan, with copies to the Planning Board and Board of Selectmen.
