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
evenings 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 Turners
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 dont 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 towns people
dont 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