1 Draft CALL TO ORDER

Called to order at 7:02pm by Chairman Ms. Margaret Imber. Those Members present were Ms. Imber, Shirley Twitchell, R. Edward Morris, Thomas Perkins, Mark Morris, Joan Bryant-Deschenes and Richard Lee. Planner, John Maloney was present this evening. CEO, Roger Williams was also present this evening.

2 PUBLIC HEARING-RODNEY GUPTILL-RODNEY’S REPAIR GARAGE

EXPANSION

Ms. Imber opened the Public Hearing at 7:03pm.

Mr. Guptill stated that he was trying to secure a permit to expand his repair garage business. There was no one present from the public.

Ms Imber closed the Public Hearing at 7:05pm.

3 OLD BUSINESS:

A HANNAFORD LAW COURT DECISION

Mr. Maloney addressed the Planning Board and stated that the decision in the Law Court had been

found in Hannaford’s favor. Mr. Maloney stated that he and Mr. Williams should be meeting with the

Hannaford folks shortly and that they will most likely come before the Planning Board in either January

or February. Mr. Maloney stated that the proposed start of construction would be in April. Ms. Imber

then took the opportunity to thank the Planning Board Members and Mr. Maloney for a job well done

with respects to the Hannaford project.

B US CELLULAR DRIVEWAY CONSTRUCTION

Mr. Williams addressed the Planning Board and stated there was an issue with the road construction on

Dow Farm Road. It appears that a curve was taken out and the grades of the road were changed. It was

Stated that engineer, Robert Prue had some issue with the drainage calculations. Mr. R. Edward Morris

Stated that his concern was whether there were any culvert issues? Ms. Imber then asked Mr. Maloney

And Mr. Williams if there were any options for not following the plans. Mr. Williams suggested that US

Cellular should come back before the Planning Board. Mr. Maloney stated that the town could take

Action. There was then a discussion about the possibility of daily fines. There was then a discussion

regarding a third party engineer’s opinion reporting to the town. Mr. Perkins stated that US Cellular

should be contacted and made known that there were issues with the driveway. It was agreed upon by all

that US Cellular should be held responsible and that they should come before the Planning Board before

any type of amendment is made.

C RODNEY GUPTILL-RODNEY’S REPAIR GARAGE EXPANSION-SITE REVIEW/

SITE WALK REVIEW REPORT

Mr. Maloney stated that a site walk was held on November 12, 2011. Those Board Members in attendance were Mr. R. Edward Morris, Mr. Lee, Mr. Perkins and Ms. Imber. Mr. Maloney was also present at the site walk. Mr. Williams stated he went to the site on his own on a different day. Mr. Maloney stated that there are presently 15 parking spaces and that 20 parking spaces will be needed. Mr. Maloney then proceeded to review the Application Completeness Checklist for Site Plan Review. Mr. Maloney stated that Item 9 had been provided. Mr. Maloney then suggested waiving Item 14. Item 22 had been provided; a comment had been made that the expansion will have the same siding and a new roof. Item 24 had been provided. Mr. Guptill stated the light will be moved to the peak of the building and will be of the flood type shining towards the woods. Item 31 had been provided. Item 45 had been provided. There was then a discussion regarding Item 50, Financial Capacity. Mr. Guptill stated that the project would cost approximately $20,000.00 and that he would be doing the work himself. There was a lengthy discussion about proof of financial capacity. The Board Members felt that they did not want to see a job half constructed because there were not enough funds. Mr. Guptill stated that he has a partner who will be backing the project. The Planning Board agreed that a letter from the partner and a bank statement will be put in the file and that this should prove the evidence of financial capacity. It was agreed upon by all that financial capacity must be proven before Mr. Williams issues a building permit. It was then stated that Item 52 had been provided. Proof was then shown regarding the abutter’s notices. Ms. Twitchell made a motion to waive Item 14. The Board Members voted 5 in favor and 1 abstention. Mr. Perkins abstained from voting. Ms. Twitchell made a motion to accept the Application Completeness Checklist for Site Plan Review with Item 14 being waived as complete. Mr. Mark Morris seconded the motion. The Board Members voted unanimously to accept the Application Completeness Checklist for Site Plan Review with Item 14 being waived as complete. Mr. Maloney then reviewed the Findings of Fact and Conclusion of Law Amendment #1 with Conditions 1 through 6. Mr. Maloney stated that Condition 7 would be added regarding acceptable Financial Capacity proof given to the CEO before a building permit was issued. There was then a discussion regarding the lighting, landscape and parking. Mr. Maloney stated that he would revise some of the wording with respect to these issues. Ms. Twitchell made a motion to accept Amendment #1 with wording changes and Conditions 1 through 6 and the addition of Condition 7. Mr. R. Edward Morris seconded the motion. The Board Members voted unanimously to accept Amendment #1 with wording changes and Conditions 1 through 6 and the addition of Condition 7.

D TIM AND LISA ROBITAILLE-GOLF DRIVING RANGE AND SNACK SHACK-

SITE REVIEW/SITE WALK REPORT

No one was present this evening to represent this project.

Mr. Maloney stated that he was the only one present at the site walk. Mr. Robitaille explained the project to Mr. Maloney during the site walk. Mr. Maloney stated that Mr. Robitaille showed him the area designated for the 40 foot trailer box that will be the snack shack. Mr. Maloney stated that the IF&W does not see the deer wintering area as an issue. Mr. Maloney then stated that there may be permits to be secured from the DEP. Mr. Maloney also stated that there could be some driveway issues. Mr. Maloney is waiting to hear from the applicants in order to proceed.

4 NEW BUSINESS:

Ms. Imber stated that she had received an Email from Ms. Leavitt regarding the 2012 Planning Board budget. Ms. Imber suggested a discussion regarding this issue be held at the next Planning Board meeting.

5 PROPOSED ORDINANCE AMENDMENTS

It was agreed upon by all to review this agenda item next.

There was a discussion regarding the In-Law Apartment Ordinance and Peddlers’ Ordinance. In-Law Apartment Ordinance, Item 4a. There was a discussion regarding attached versus detached. Peddlers’ Ordinance there was a discussion regarding no site review. There was then a discussion regarding amending zoning by Beal’s/Crystal Pond. Mr. Williams stated changing of the setback requirement would allow commercial zoning. This discussion was being brought up because of an issue with a property containing an easement and the fact that part of the said property is in a commercial zone and part is in a residential zone. There is an issue with an abutter with a garage not being in the commercial zone. Ms. Imber asked Mr. Williams to draft a letter regarding this issue and that she would meet with the Selectmen to have them request a zoning change regarding this zoning issue. There was then the mention of the PACE Ordinance and it was stated that the Selectmen would be present at the Planning Board Public Hearing to answer any questions.

6 CEO REPORT

No action required however there was a short discussion. This discussion was regarding Item 29 and the construction of the cell tower driveway. Also Item 37 regarding access from the Greenwoods lot to the Route 4 Business Park. Mr. Williams stated that after some discussion with the owners it appears there have been issues with vehicles speeding from one property to the next. Mr. Williams also stated that he believes there is nothing in writing which would allow access from one property to the next. Mr. Williams stated he would review the MDOT access rules. It was stated that it may be possible for the Greenwoods to just block the access between the two properties.

7 REVIEW OF THE MINUTES FROM NOVEMBER 9, 2011

Mr. Twitchell asked Ms. Wilcox to change page 1 of the Minutes from November 9, 2011 to state that the Leavitt Area High School “Golf Team” would not be charged fees for using this facility. Mr. R. Edward asked Ms. Wilcox to change page 1 of the Minutes from November 9, 2011 to state the measurement of the building is 32 x 40. Ms. Wilcox agreed to make said changes. Ms. Twitchell made a motion to accept the November 9, 2011 Minutes with said changes. Mr. Perkins seconded the motion. The Board Members voted 4 in favor and 2 abstentions to accept the November 9, 2011 Minutes with said changes. Mr. Lee and Ms. Bryant-Deschenes abstained from voting because they were not present at the November 9, 2011 Planning Board meeting

8 REVIEW OF THE WORKSHOP MINUTES FROM THE DECEMBER 7, 2011

WORKSHOP

Mr. Perkins made a motion to accept the Minutes from the December 7, 2011 Planning Board Workshop. Mr. Mark Morris seconded the motion. The Board Members voted 4 in favor and 2 abstention to accept the Minutes from the December 7, 2011 Planning Board Workshop. Ms. Twitchell and Ms. Bryant-Deschenes abstained from voting because they were not present at the December 7, 2011 workshop.

9 REVIEW OF PLANNER ESCROW

No action required.

10 OTHER ITEMS

None.

11 ADJOURNMENT

Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 8:50pm.

Respectfully submitted by

Karen Wilcox

Recording Secretary