Town of Turner, Maine

Planning Board Minutes

November 10, 2010

 

1             CALL TO ORDER

Called to order at 7:00pm by Chairman Ms. Margaret Imber.  Those Members present were Ms. Imber, Shirley Twitchell, Mark Morris, Roy Nickerson, Raymond Lavoie and Joan Bryant-Deschenes.  Board Member R. Edward Morris arrived at 7:35pm.  Planner, John Maloney was present this evening.  CEO, Roger Williams was also present this evening. 

 

Ms. Imber apologized to Ms. Bryant-Deschenes for not calling her to tell her to read the Minutes and listen to the audio tapes with regards to the Ledgeview Subdivision and the Apple Ridge Subdivision.  Since Ms. Bryant Deschenes has not read the Minutes or listened to the audio tapes Ms. Imber suggested that Ms. Bryant Deschenes abstain from voting on the Final Plans for the above-mentioned Subdivisions.  Ms. Bryant-Deschenes agreed to abstain from voting on the above-mentioned Final Plans.

 

2               OLD BUSINESS:

A              LEDGEVIEW SUBDIVISION-PRELIMINARY PLAN

Mr. Doug Johnson of Brian Smith Surveying Inc. is representing this project this evening.  Mr. Maloney began with the review of the Application Completeness Checklist Final Plan Subdivision.  Mr. Maloney stated that Item 18 had been submitted.  Mr. Maloney then reviewed the Preliminary Approval Requirements.  Ms. Twitchell made a motion to accept the Application Completeness Checklist Final Plan Subdivision as complete.  Mr. Lavoie seconded the motion.  The Board Members voted 4 in favor and 1 abstention to find the Application Completeness Checklist Final Plan Subdivision as complete.  Ms. Bryant –Deschenes abstained from voting as agreed upon earlier in the meeting.  There was a discussion regarding whether a dry hydrant or a fire pond would be the rescue issue solution.  It was stated that the Fire Chief would prefer a dry hydrant.  A letter signed by Fire Chief Michael Arsenault and property owner Eugene Richardson, Jr. has been submitted to the Town regarding this issue. Mr. Richardson gives permission to cross his property on County Road for the purpose of installing a dry hydrant to access the Black Pond water supply.  Mr. Maloney then reviewed the Findings of Fact & Conclusion of Law.  Mr. Maloney referred to page 7 and stated that topsoil shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations.  Mr. Maloney then reviewed the Conditions of Approval 1 through 5.  Mr. Maloney stated that he would like to make Condition 5 refer to the issues of no lot being further divided and making Condition 5 in the Findings now number 6.  It was agreed by all that the Conditions of Approval would now number 1 through 6.  Mr. Maloney then reviewed the Other Conditions of Approval 1 through 7.  Mr. Maloney stated that he would like to add Condition 8 which refers to the construction of a 75’ x 150’ recreational field.  It was agreed upon by all that the Other Conditions of Approval would now number 1 through 8.  Ms. Twitchell made a motion to accept the Findings of Fact and Conclusion of Law with Conditions of Approval 1 through 6 and Other Conditions of Approval 1 through 8.  Mr. Lavoie seconded the motion.  The Board Members voted 4 in favor and 1 abstention to accept the Findings of Fact and Conclusion of Law with Conditions of Approval 1 through 6 and Other Conditions of Approval 1 through 8.  Ms. Bryant –Deschenes abstained from voting as agreed upon earlier in the meeting.  Ms. Imber then signed the Mylars and the Finding of Fact and Conclusion of Law.  Mr. Maloney stated that the signed documents must be recorded within 90 days.

 

B               JOAN BRYANT-DESCHENES-SITE REVIEW

Ms. Joan Bryant-Deschenes stated that there was nothing to review this evening. 

 

 

 

C               APPLE RIDGE SUBDIVISION-PRELIMINARY PLAN

Mr. Maloney recused himself from hearing this project.  Mr. Ferg Lea is representing this project on behalf of AVCOG.

 

Mr. Mike Gotto of Stoneybrook Consultants, Inc. is representing this project this evening.  Mr. Lea addressed the Planning Board and reviewed the Findings of Fact with Conditions of Approval to appear on the Final Plan 1 through 9 and Conditions 1 through 3 not appearing on the Final Plan.  There was a discussion regarding the Application Completeness Checklist Final Plan for a Major Subdivision as being complete.  Mr. Lea assured the Planning Board that the Application Completeness Checklist Final Plan for a Major Subdivision had been completed.  Mr. Williams stated that he had received a Certificate of Compliance.  Ms. Twitchell made a motion to accept the Application Completeness Checklist Final Plan for a Major Subdivision as complete.  Mr. Lavoie seconded the motion.  The Board Members voted 4 in favor and 1 abstention to find the Application Completeness Checklist Final Plan Subdivision as complete.  Ms. Bryant –Deschenes abstained from voting as agreed upon earlier in the meeting.  Mr. Lea continued with the review of Findings of Fact with Conditions of Approval to appear on the Final Plan 1 through 9 and Conditions 1 through 3 not appearing on the Final Plan.  There was a discussion regarding that a dry hydrant would not be needed for this project and that no payment would be needed.  All agreed that a dry hydrant would not be needed and no payment to the town would be warranted.  Ms. Twitchell made a motion to accept the Findings of Fact with Conditions of Approval 1 through 9 appearing on the Final Plan and Conditions 1 through 3 not appearing on the Plan.   Mr. Lavoie seconded the motion.  The Board Members voted 4 in favor and 1 abstention to accept the Findings of Fact with Conditions of Approval 1 through 9 appearing on the Final Plan and Conditions 1 through 3 not appearing on the Final Plan.  Ms. Bryant –Deschenes abstained from voting as agreed upon earlier in the meeting.  Ms. Imber then signed the Mylars and the Finding of Facts.

 

Mr. Maloney returned to hear the balance of the Planning Board meeting.

 

3                NEW BUSINESS:

      A               CELL TOWER-KURT YOULAND (formerly Global Towers)

Mr. Kurt Youland stated that the tenant, Global Towers, opted out of the agreed upon lease agreement; however Mr. Youland stated that he wanted to continue with this project assuming full responsibility for the project.  It was stated that this project was approved on 10/08/08 and has now expired.  Mr. Youland stated that the lease agreement had a clause stating that if the applicant defaulted on this project that Mr. Youland could take over the project.  There was a lengthy discussion regarding that fact that this project was approved under Global Towers and that they had right title and interest to this project.  It was then stated that this type of request to transfer an approved project from the approved applicant to another applicant wishing to complete the project had never been done before.  After continued discussion Ms. Imber suggested that the Town attorney review this matter to steer all concerned parties in the right direction.  Mr. Maloney stated that he would begin the process for attorney review.

 

4                OTHER BUSINESS

A               PROPOSED ORDINANCE ADMENDMENTS

There was a discussion regarding signs containing time, temperature and logo’s blinking and whether the ordinance regarding signage needs to be reviewed.  Mr. Maloney and Mr. Williams agreed that they would find out how other towns handle these blinking signs.  There was then a short discussion regarding the proposed ordinance amendments proposed by Mr. Williams.

 

 

 

 

 

B               PLANNER AGREEMENT

Ms. Twitchell made a motion that the review of the Planner Agreement should be sent to the Board of Selectmen.  Mr. Lavoie seconded the motion.  The Board Members voted unanimously to send this Agreement to the Board of Selectmen for their Approval.  Mr. R. Edward Morris agreed to draft a letter regarding this Agreement to the Board of Selectmen.

      

5                 CEO REPORT

No action required.  Mr. R. Edward Morris asked if there had been any correspondence from the Androscoggin Watershed Committee regarding Wilson Bluff.  It appears there has been no correspondence.  Mr. Maloney stated that he would look into this matter.

 

6                 REVIEW OF THE MINUTES FROM OCTOBER 13, 2010

Ms. Twitchell made a motion to accept the Minutes from the October 13, 2010 Planning Board meeting.  Mr. Lavoie seconded the motion.  The Board Members voted unanimously to accept the October 13, 2010 Planning Board Minutes.  

 

7                 REVIEW OF PLANNER ESCROW

No action required.

 

8                OTHER ITEMS NOT ON THE AGENDA

Mr. Maloney stated that he believed there may not be a need for a workshop prior to the December Planning Board meeting.  There was some discussion regarding the need for this workshop.  It was determined that if there is no need for this workshop Mr. Williams will Email the concerned parties. 

 

 

9               ADJOURNMENT

Motion made by Ms. Twitchell for adjournment, unanimously accepted.  The meeting adjourned at 8:32pm.

           

 

      Respectfully submitted by

  

      Karen Wilcox

      Recording Secretary