Town of Turner, Maine

Planning Board Minutes

October 7, 2009

 

1             CALL TO ORDER

 

Called to order at 7:00pm by Chairman Mr. Gregg Varney. Those Members present were Mr. Varney, Mark Morris, Roy Nickerson, Raymond Lavoie, Shirley Twitchell, Margaret Imber and R. Edward Morris.   Planner, John Maloney was present this evening.  CEO, Roger Williams was also present this evening.

 

2                 PUBLIC HEARING-HANNAFORD PROJECT

 

Mr. Varney opened the Public Hearing at 7:01pm.

 

Mr. Varney stated that the applicant would present an outline of the changes to this project since the last Public Hearing.  Mr. Varney asked that the public remain orderly during this presentation and that there would be time for questions following the presentation. 

 

Mr. Doug Boyce, Senior Site Engineering Project Manager, from Hannaford Bros. Co. addressed the Planning Board and the public.  Mr. Boyce started off by thanking the public for attending this evening’s meeting.  Mr. Boyce then stated that this new supermarket would be situated on Snell Hill Road and Route 4 across from B & A Variety.  The store would also abut Jordan Lane.  The store would be a 36,000 square foot freestanding building.  Mr. Boyce then referred to the new stores in China, Gray and Winthrop and stated that the Turner store would be similar, with all having the parking in the front of the store.  Mr. Boyce then stated that this project was presented to the Planning Board in May with an initial sketch plan.  Since then this project has been reviewed with a Planning Board site walk and reviews by the DEP, Army Corp of Engineers and the MDOT.  Mr. Boyce then stated that a full application was submitted on July 8, 2009 but was found incomplete because the MDOT entrance permit had not yet been received.  Upon the receipt of the MDOT entrance permit the application was found complete at the August Planning Board meeting.  Two waivers were asked for.  The first waiver was for an additional curb cut on Route 4 for a right in access and a right out exit.  This waiver was denied because it did not meet the criteria in the town ordinance.  The MDOT has approved sole access from Snell Hill Road.  This access will include the widening of Route 4 and the installation of a turning lane and a traffic signal.  Snell Hill Road will be widened.  The second waiver

was regarding the distance from the edge of the driveway corner (point of tangency) to edge of intersection (point of tangency) by the type of driveway.  The Planning Board voted to allow this waiver.  Mr. Boyce then continued and stated that at the September Planning Board meeting the review of the 26 Performance Standards was started.  10 Standards had been acted upon and 16 more still needed to be reviewed.  Mr. Boyce then stated that this Public Hearing is being held to update the public on all aspects of this project.  Mr. Boyce also stated that the Technical Consultants are present this evening to answer any questions.  Mr. Boyce then introduced those present whom are working on the Hannaford project.  Mr. Boyce continued and stated that the State DEP permit request is before the DEP.  The NRPA permit has been secured as well as the MDOT permit.  Mr. Doug Stewart, a Wetlands Scientist, from Stantec Consulting then addressed the Planning Board and the public.  Mr. Stewart referred to an aerial view of the wetlands and pointed out the vernal pools, wild life and wading bird habitats.  Mr. Stewart stated that this wetland area is approximately 27,000 square feet, a little over ½ acre.  It is a forested wetland, which makes it fairly low in wetland value.  Mr. Stewart explained that a deep-water marsh wetland would make the area higher in value.  Because this wetland will be disturbed another area either on or off this site must be restored.  An impact fee for this restoration will be determined and paid to the State of Maine by the applicant.  One area being considered for restoration on the town line of Buckfield and Turner is Lincoln Pond aka the Jersey Bog.  Mr. Stewart stated this area is approximately 20 acres and is a high value wetland.  This land is showing rare plants, such as Lady Slippers, cedar bogs, wading birds and wild life.  Mr. Boyce then stated that the Planning Board has concerns regarding the possibility of an underground sand/gravel aquifer being present on this property.  Mr. Boyce then asked Mr. Robert Gillespie, a P.E. from R. W. Gillespie & Associates, Inc. to address the Planning Board and the public.  Mr. Gillespie stated this property has a sand and gravel aquifer with five feet into the ground being made of fine to medium sand and the next forty feet being made of silt/clay.  Mr. Gillespie stated that this area does not qualify as an aquifer.  Mr. Gillespie also stated that this site is high in iron and magnesium.  Mr. Gillespie then continued and explained the Waste Water Disposal System.  This system will be considered a wastewater plant containing a wastewater disposal field with sand or stone acting as filters.  Mr. Gillespie stated that if this system was used properly it should last forever.  Mr. Gillespie then explained how the nitrate plumes would affect this system.  It was stated that the ground water entry to the Nezinscot River would be monitored.  There was then some discussion regarding the hand dug well located on the Jordan property.  Mr. Gillespie stated that the wastewater would flow to the Nezinscot River.  The system is designed for 3,000 gallons; however 2,000 gallons seems to be a more realistic number.  Mr. Gillespie stated that the Jordan well and the wastewater plant is separated by drainage and there is no way any wastewater will reach the Jordan well.  The discussion then turned to the water, which will be provided to the site.  Mr. Gillespie stated that the bedrock starts at 1 inch and continues to 10 feet.  The well has been dug to 300 feet and yields 15 gallons of water per minute.  It was then stated that the store should only use 2.1 gallons of water per minute.  There was then a discussion regarding whether any of the neighboring wells will be drawn down.  Mr. Gillespie then explained the linear features along Route 4 and Snell Hill Road and stated that neighboring wells should not be affected.  Mr. Gillespie again stated that there is no aquifer on this property.  There was a question regarding any waste from the proposed pharmacy.  It was stated that there would be no pharmacy waste disposed of on site.  Any pharmacy waste would be given to UPS to be delivered to a 3rd party vendor for incineration.  Mr. Peter Hedrick, Vice President Transportation, from Gorrill-Palmer Consulting Engineers, Inc. addressed the Planning Board and the public.  Mr. Hedrick stated that a scoping meeting had been held which included input from the town officials as well as the MDOT.  This meeting included the discussion of the intersection of Route 4 and Snell Hill Road as well as the intersections of Route 4 and Route 117, Route 117 and Main Street and connecting roads.  Mr. Hedrick stated that the MDOT had accepted these evaluations.  Mr. Hedrick stated that the criteria for the Zoning Ordinances had been met.  There will be a traffic signal installed at the intersection of Route 4 and Snell Hill Road.  There will be a monetary donation made for the possibility of a future traffic signal at the intersection of Route 4 and Route 117.  There will be no crosswalk installed on Route 4 because the MDOT does not allow a cross walk if the speed limit is above 35mph.  There is no intention to lower the speed limit at this time.  There was then some discussion regarding the access to B & A Variety.  Safety is a huge concern on the entering and exiting of this business.  Mr. Boyce then stated that the proposed pedestrian crossing, which has been put on the plan, would be removed since the MDOT will not allow for a pedestrian crosswalk.  Mr. Boyce then continued by showing some photos of other stores in the area.  These stores are in the towns of China, Winthrop and Gray.  Mr. Boyce stated that the Turner store would look similar to these stores.  The construction will be of clapboard with a brick base, siding and dividers.  Mr. Boyce then referred to a material sample board and described each material and the color of each material.  Mr. Boyce also explained the building elevations, the view from Route 4 as well as what the pharmacy will look like.  The pharmacy will just be a service window located on the Snell Hill Road side.  The entire area will be nicely landscaped.  There will not be a lengthy discussion regarding landscaping this evening because this area was covered at the prior Public Hearing.  Mr. Boyce made an apology to Ms. Twitchell with regards to the town of Turner’s Ordinances having specific languages and the relations of buildings to the environment.  Mr. Boyce then suggested that the Board Members as well as the public visit one of the new neighboring stores.  Mr. Tyler Sterling, Real Estate Development Associate, of Hannaford Bros. Co. thanked the Board Members for allowing this presentation this evening.  Mr. Varney in turn thanked Hannaford Bros. Co.

 

Mr. Michael Gotto of Stoneybrook Consultants, Inc. addressed the Planning Board and the public on behalf of the Turner Village Preservation Committee.  Mr. Gotto did a 45-minute Power Point presentation.   A copy of this presentation will be attached to the minutes.

 

Mr. Lavoie left the Board table at 8:42pm and returned at 8:45pm.

 

Mr. Varney then asked if there were any questions from the audience.  Below is the testimony from the public.

 

Ms. Terry Lemieux asked why the new Hannaford store could not be located at the Dunkin Donuts site on Route 4.  It was stated that Hannaford felt the site they have picked would suit them better.  Mr. Mark Duguay stated that when he came before the Planning Board with his proposed project that there was no such thing as the Turner Village Preservation Committee.  He then stated that he felt Hannaford was a good citizen and that money from this company will flow back through the community.  Mr. Duguay also stated that there was no such Preservation Committee when the new town office was built either.  There was then a discussion regarding other buildings in Turner that had stripped the land of wood and topsoil.  Ms. Jennifer Simmons stated that if 26 standards need to be met that the Planning Board should review all of these standards closely.  Ms. Simmons also stated that this new Hannaford will create full and part time jobs in the town, raise additional tax revenue, provide scholarships, support local youth athletics as well as send out of town customers to shop in Turner.  The potential is there for the out of town customers to shop at other local businesses.  Ms. Simmons then stated that she believes this is healthy growth for Turner.  Ms. Simmons then presented a petition entitled “To Support the Hannaford Project in Turner, Maine” to Mr. Maloney.  This petition contained 120 signatures.  Ms. Susan Bizier asked about trucks backing up all night.  Mr. Lawrence House commented that if the citizens of Turner don’t want businesses and traffic lights on Route 4 then they should change the ordinances.  Ms. Donna Osborne asked what the hours of operation would be.  Mr. Boyce stated 7:00am until 11:00pm.  There was some concern expressed regarding noise and lighting.  Ms. Kathleen Langelier stated that she grew up in Turner and had lived in Dover Foxcroft for 15 years.  Ms. Langelier stated that Dover Foxcroft has seen much growth over the years she had lived there and that this project could only benefit Turner.  Ms. Langelier stated that she now lives in Turner and that in the wintertime the Androscoggin Bank lights; lite up her bedroom and that she can hear the noise of the trucks on Route 4.  Ms. Langelier then stated that the Turner Village is not the same village it was years ago.  She also stated that this project would be good for the community.  Mr. Dennis Richardson stated that he was born and raised in Turner and that he remembers when Route 4 was moved out of the village and when Route 4 became a commercial corridor.  If the town’s people don’t want this type of development then the ordinances need to be changed.  Mr. Larry Lemond stated that he has visited the store in Gray and that it is beautiful.  Ms. Alice Lavoie stated that she lives next to the fire station and sees light and hears sirens all of the time.  Mr. John Leavitt asked when the Planning Board would approve this project.  Mr. Varney stated that he could not answer that question.  It was stated that this project would not be dragged out for years.  Mr. Maloney stated that the Planning Board should take action 30 days after the first Public Hearing.  The Planning Board has extended the review period and can continue to do so, however the process cannot go on and on.  Mr. Maloney stated that an extra meeting has been scheduled for October 14, 2009 and that his guess is that final approval will be decided upon by December.  Ms. Paula Varney Anderson stated that she believes Turner needs this grocery store, but disappointed that the site by the Dunkin Donuts/Pit Stop was not chosen.  Ms. Joan Bryant-Deschenes addressed Mr. Peter Hedrich, Vice President Transportation, from Gorrill-Palmer Consulting Engineers, Inc.  She stated that she has concerns about the traffic pattern and the access to her business B & A Variety.  She stated that she had two curb cuts and that the MDOT forced her to close one.  Ms. Bryant-Deschenes stated that she had asked for additional communication from the MDOT regarding her issues and at this time she has not heard from them.  Ms. Lorraine Gondeck asked who was on the Turner Village Preservation Committee.  Ms. Pat Dickinson answered that the committee was made up of concerned citizens.  Some of the concerns of the Turner Village Preservation Committee were regarding the style of the building and issues the abutters may face.  Mr. Al Barrett stated that he had concerns about the location of the store and how the lanes in and out of Snell Hill Road would create a lot of traffic issues.  Mr. Boyce stated that these potential issues have been thoroughly studied by the state.  Mr. Boyce also stated that the MDOT traffic movement permit has been issued.  Mr. Boyce also stated that Route 4 would be widened at the spot where the signal will be along with the widening of Snell Hill Road.  Mr. Boyce again stated that Hannaford would make a financial contribution in the event of the need for a traffic light at the intersection of Route 4 and Route 117.  There was then some discussion regarding the proposal for the right in right out curb cut on Route 4.  It was stated that this proposal would prove to be too dangerous.  Ms. Simmons then stated that she believes the Turner Village Preservation Committee speaks for some people but not for everyone.  Ms. Lynn Gilbert stated that she believes the new Hannaford will generate new business for the Ivy Cottage, The Turner Vets, the Chickadee, etc.  She stated Turner needs this Hannaford.  Ms. Brenda Gagne stated that this new store would create jobs for the kids who live in Turner.  Ms. Mary Ruchinskas stated that she has been on the Comprehensive Plan Committee for 3 years and that she has concerns about the Hannaford location.  Ms. Kathleen Langelier stated that she has concerns about making Route 4 better.  Mr. Varney then stated that this is the last time the public will have any input.  Mr. Ross Gagne stated that he had lived in Turner all of his life and he remembers when Route 4 ran right past his house.  He then stated that he thinks that Hannaford is a good thing for the town.  Ms. Lorraine Gondeck asked if the public could come to the workshop and listen.  Mr. Varney stated that the workshop is not a public meeting but everyone is welcome to come and only listen. Mr. Varney then again stated that this is the last meeting for public input.  Ms. Donna Osborn asked how the Board Members feel.  Ms. Twitchell responded by saying put on the spot by the asking of this question.  Ms. Twitchell then stated that the Board Members could show no personal views during this review process.  There was then some discussion as to why the Board Members would not allow the curb cut on Route 4 to allow a right in right out entrance/exit.  Ms. Twitchell read the ordinance with regards to this decision and stated that the ordinance does not allow for this type of a curb cut.  Ms. Twitchell then stated that if the public feels the need for changes to the ordinances then they need to come before the Planning Board with said changes.  There was then a short discussion about the possibility of peer review. 

 

Mr. Varney closed the Public Hearing at 9:34pm.

 

Recess was taken from 9:35pm until 9:40pm.

 

Ms. Varney stated that since the Public Hearing took so long that the Planning Board would not continue to review the Standards for this project this evening.  There was then a discussion regarding what items needed peer review.  Mr. Maloney stated that he believed the transportation issues and septic/ground water were two items for peer review.  Mr. Maloney then stated that Ferg Lea of AVCOG submitted his analysis on the ground water issues and found no issues (copy of this analysis attached to the minutes).  Ms. Imber stated that she did not feel the Planning Board had gotten from the MDOT what was asked for.  Mr. R. Edward Morris and Mr. Nickerson agreed with Ms. Imber.  Mr. Mark Morris then stated that since he has been on the Planning Board peer review has never been asked for.  Mr. Mark Morris then stated that there would be a cost involved for peer review.  There was then a discussion regarding the safety issues on Route 4 and the fact that this will be the first traffic signal in the town.  Since this is the first traffic signal and there is the possibility of an additional traffic signal at the intersection of Route 4 and Route 117 Mr. Maloney suggested that the town ordinance be strictly followed and that all relevant information is reviewed.  Mr. Maloney then suggested that the existing traffic data be peer reviewed.  Ms. Twitchell made a motion for peer review of the existing traffic study.  Mr. Lavoie seconded the motion.  Mr. R. Edward Morris asked who would pay for this review.  Mr. Maloney stated that he believed it would come out of the application review fee.  Mr. Maloney stated that he would confirm this with the town manager.  The Board Members voted 5 in favor and 1 opposed to have peer review of the existing traffic study.  Mr. Mark Morris was opposed.  It was then stated that the Chairman would only vote in the case of a tiebreaker.  Mr. Maloney suggested using Mr. John Adams of Sebago Technics to do the review.  There was short discussion as to whether all concerned parties had any objections to this suggestion.  All concerned parties had no objections.  Mr. Varney then asked Mr. Gillespie if the septic system had the ability to address any pharmaceutical waste.  Mr. Gillespie stated the dilution of antibiotics could prove to be a problem, but it would be a long-term effect.  The sign of this problem would be a smell coming from the leech bed.  Mr. Gillespie stated that if needed the septic system could be replaced.  Mr. Sterling then stated that pharmacies are highly regulated.  There are no floor drains and that in no way is any disposal under handed.  Mr. R. Edward Morris then asked about the fence.  The original plan depicted a 10-foot high fence, and now it appears that a portion of the fence will be 10 feet high and another portion will be 6 feet high.  Mr. Sterling stated that this issue is being discussed with the property owner, Mr. Jordan.  There was then some discussion regarding the water retention pond.  Mr. Joseph Laverriere, a Senior Engineer from DeLuca-Hoffman Associates, Inc., explained how the retention pond would be affected.  There was then a discussion regarding the organization of the meeting that will be held on October 14, 2009.

 

The time was 10:22pm, Mr. Varney stated that this meeting would be recessed and would be continued at 7:00pm on October 14, 2009. 

 

For the record there were no other agenda items discussed.

           

 

      Respectfully submitted by

 Karen Wilcox

      Recording Secretary