Town of Turner, Maine

Planning Board Minutes

February 11, 2009

 

1                 CALL TO ORDER     

Chairman, Jeffrey Timberlake called the meeting to order at 7:05pm.  Those Members present were Mr. Timberlake, Mark Morris, Roy Nickerson and R. Edward Morris.  Board Members Raymond Lavoie, Shirley Twitchell and Margaret Imber were not present.  Planner, John Maloney was present this evening.  CEO, Roger Williams was also present this evening.

 

2              PUBLIC HEARINGS

Mr. Timberlake opened the first Public Hearing at 7:06pm.

 

                PROPOSED ORDINANCE AMENDMENTS

 

Mr. Maloney addressed the Planning Board stating that he would review the Proposed Ordinance Amendments. 

 

The first Proposed Amendment was regarding the Subdivision Ordinance and Mr. Maloney read the following:

 

Amend Section 6.3, Subdivisions/Minor Subdivision, by adding the following:

 

<![if !supportLists]>25.          <![endif]>A statement indicating if the applicant will install utilities above or below

ground.

 

Amend Section 7.2.B, Submission/Major Subdivision Preliminary Plan, by adding the following:

 

<![if !supportLists]>33.            <![endif]>A statement indicating if the applicant will install utilities above or below

ground.

 

Amend Section 10.6, Utilities as follows:

 

Strike some of the wording in A. and add the following:

 

C         Street lighting, if required by the Planning Board, shall meet specifications

            established by the Planning Board.

 

Mr. Ralph Caldwell addressed the Planning Board and stated that he did not believe that the addition of C was a good idea.  Mr. Caldwell stated that he was not aware of any safety issues in the town and stated that dark is good.  Mr. Timberlake explained that this change was intended more for commercial then residential.  Mr. Maloney then stated that this change was intended for safety reasons such as the lighting around Bear Pond Village.  Mr. Maloney stated that the Planning Board would assure that the town would not pay for this lighting.  

 

Mr. Maloney then began to review the Proposed Zoning Ordinance Amendments.  Mr. Maloney read the proposed amendments to Section 4.CC, Apartments Accessory to Commercial Units, and Section 8.  Mr. Maloney stated that these amendments would include much lesser density with 20,000 feet versus 80,000 feet in a rural district.  Mr. Maloney then stated that the DEP Zoning Guidelines must be adopted by 7/1/09 otherwise the state will adopt them for the town.  Mr. Maloney then read the changes to section 2.C. Nonconforming Structures.

 

Chairman, Mr. Timberlake left the Planning Board table.  Mr. Mark Morris is now chairing this evening’s meeting.

 

Mr. Maloney proceeded to read the proposed amendments to Section 4.T (These changes are to comply with the new Shoreland Zoning Standards).  Mr. Maloney stated that the IF&W reviewed the areas that needed to be in Resource Protection twice, once in 2006 and once in 2008.  Mr. Maloney read the changes to the Land Use Tables and then continued reading the remaining changes to Section 4.T.  There was then a discussion regarding Timber Harvesting.  Mr. Maloney stated that there were 3 choices regarding Timber Harvesting.  These choices were:

 

  1. Completely repeal the municipal enforcement of timber harvesting and let The Bureau of Forestry enforce.
  2. Have a joint administration with the town and The Bureau of Forestry.
  3. Let the town enforce with no input from The Bureau of Forestry.

 

The Planning Board opted for number 3.

 

There was then a discussion regarding 10.C and whether a Conservation Plan developed by qualified persons needed to be filed with the Planning Board.  Mr. Caldwell stated that any agricultural business must have a Conservation Plan on record at all times and if asked must produce said plan or else.  It was agreed upon by all that Mr. Maloney will investigate removing the clause of filing a Conservation Plan with the Planning Board from Item 10.  Mr. Maloney then reviewed the proposed amendments to Section 7, Appeals and also some additional wording.  Mr. Maloney then referred to the Zoning Map and explained the changes.  Mr. Maloney stated that Willard Road should be changed from Resource Protection to Shoreland Zoning and that Mill Hill Road should be changed from a Commercial Zone to a Residential Zone. Mr. Maloney stated that some of the other changes were due to the DEP investigation of the habitat of wading birds and waterfowl.  These areas are considered to be high whereas they were previously considered moderate.  Mr. Timberlake stated that this investigation by the DEP did not include any input from the landowners involved.  After some discussion among the landowners involved it was suggested that the proposed Shoreland Zoning-Resource Protection be voted down at the town meeting.  It was suggested that the town stay within the Planning Board rules and not the state rules.  There was then some discussion regarding Marilyn Way and whether to change from Residential 1 to Village District.  Mr. Warren Finnegan stated that there is a common right of way with 3 lots and a common driveway on this property. 

 

Mr. Timberlake returned to the Planning Board table and is now chairing this evening’s meeting. 

 

Ms. Eva Leavitt noted a spelling error and then suggested that the Planning Board vote on these proposed amendments so they could be reviewed by the Selectmen at the February 17, 2009 Board of Selectmen’s meeting.  There was then continued discussion regarding the resource protection issues. 

 

Mr. Timberlake closed the Public Hearing at 8:05pm.

 

Mr. Timberlake opened the second Public Hearing at 8:06pm.

 

                 LINDA RAYMOND-SITE REVIEW BOTTLE REDEMPTION

Ms. Raymond stated that this Bottle Redemption would be located at 88 Mill Hill Road, which is across the street from the back of House’s Market.  Mr. Ralph Caldwell asked if there was another Bottle Redemption across the street.  The answer was, yes.  Ms. Eva Leavitt stated the town being an abutter has concerns regarding customer parking, personal car parking, customer flow and truck parking.

 

Mr. Timberlake closed the Public Hearing at 8:08pm.

 

VOTE ON THE PROPOSED ORDINANCE AMENDMENTS

 

The Planning Board voted unanimously to accept the Proposed Amendments for Section 6.3, Section 10.6, Section 4.CC and Section 8.  There was then a discussion regarding keeping the Shoreland Zoning the same or adopting the state recommendation.  The Planning Board recommended adopting all the changes except those changes on page 8 Section 3 and leaving 10.a the same and the removal of Agriculture 10.c.  There was then a discussion regarding Agriculture 10.a.  It was decided that the words disposal and carcass should be removed.  There was then a discussion as follows:

 

Amendment #1 Leave the Zoning Ordinance Amendments the same.  The vote was 3 in favor and 1 abstention.

 

Amendment #2 Adopt what the DEP is proposing.  The vote was no one in favor and 1 abstention.

 

It was agreed upon by the Planning Board that the recommendation to the town was NOT to adopt the Proposed Zoning Amendments from the DEP.  If the town does not accept the Proposed Zoning Amendments the state may be forced to come and discuss these amendments with the town.

 

The Planning Board unanimously agreed that Mill Hill Road should be changed from Commercial Zone to Village Zone.

 

The Planning Board voted 2 in favor and 2 abstentions that Willard Drive with a single lot should be moved from Resource Protection to Shoreland Zoning. The motion passes.

 

There was then a discussion regarding Marilyn Lane moving from General 1 Zone to Village District.  After some discussion the Planning Board voted 3 in favor and 1 abstention to include this proposal on the Warrant Article.  The Planning Board then voted 3 in favor and 1 abstention that this proposal would be put on the Warrant Article with no recommendation from the Planning Board.

 

Recess taken from 8:49pm until 8:54pm.

               

3              OLD BUSINESS:

A             TWENTY-MILE OVERLOOK SUBDIVISION

Mr. Maloney stated that the applicant is not present this evening and that the applicant asked to have this project tabled until the March 2009 Planning Board meeting.  The Board Members agreed to have this item tabled until the March 2009 Planning Board meeting.

 

B              LINDA RAYMOND-SITE REVIEW BOTTLE REDEMPTION

Mr. Maloney began the review of the Application Completeness Checklist for Site Plan Review.  Mr. Maloney stated the Planning Board should waive Items 11, 12, 17, 18, 30, 37 and 50.  Mr. Maloney also stated that the words “widths of” in Item 13 should also be waived.  Mr. Mark Morris made a motion to waive Items 11, 12, 17, 18, 30, 37, 50 and the words “widths of” in Item 13.  Mr. Nickerson seconded the motion.  The Board Members voted unanimously.  There was a short discussion regarding lighting.  It was agreed that the lights would be on sensors.  It was then determined that the Application Fee had been received.  Mr. Mark Morris made a motion to accept the Application Completeness for Site Plan Review with waivers for Items 11, 12, 17, 18, 30, 37, 50 and the words “widths of” in Item 13.  Mr. Nickerson seconded the motion.  The Board Members voted unanimously to accept the Application Completeness Checklist with the above-mentioned waivers.  Mr. Maloney then reviewed the Findings of Fact and Conclusion of Law.  Mr. Maloney referred to Conclusion of Law Number 5 with regards to backing out onto the street, which is a state law.  There was then a discussion regarding parking and the need for 6 spaces at 9 x 18 feet.  Mr. Timberlake stated that the Planning Board would like to see the parking spaces drawn to scale.  There was then a discussion regarding how snow would affect the parking spaces.  Mr. Raymond stated that he would push/plough the snow through the existing fence.  It appears that this fence is on the property line.  Mr. R. Edward Morris asked about the setbacks for the parking spaces.  The determination was zero feet with written permission from the abutter and 5 feet without permission from the abutter.  The setback would begin at the front bumper. Mr. Maloney then reviewed Conditions of Approval 11, 12 and 22.  There was then a discussion regarding the existing fence.  It was found that the CEO would find it deemed necessary that the owner would need to replace the fence if the abutter decided to remove the existing fence.   There was additional discussion regarding backing out onto the street.  The Board Members agreed that a sign would need to be placed stating “NO BACKING OUT ONTO THE STREET”.  It was agreed upon by all that the applicant needs to provide to the Planning Board 6, 9x18 foot parking spaces drawn to scale.  Also drawn to scale, how the snow will be piled.  There was then a discussion regarding the sizes of the trucks that would be coming and going to pick up the cans and bottles.  The Planning Board wants a letter from all of the trucking companies stating the type and size of the trucks would be used for the bottle and can redemption.  The above-mention items will be discussed at the next Planning Board meeting.

                             

4               NEW BUSINESS:

A              PATRICIA JACOBS-SITE REVIEW SKETCH PLAN

Ms. Jacobs addressed the Planning Board and stated that this proposed plan is for a concession stand on wheels.  This stand will be opened from approximately May until September or October.  The trailer is 7 and ½ feet by 16 feet and is located right now in her garage.  Mr. Jacobs stated that this plan is the same plan as previously proposed.  The concession stand will be screened.  It was determined that a site walk would not be needed.  A Public Hearing has been set for March 11.  The Planning Board asked Ms. Jacobs to show the 10 x 20 foot parking spaces on her schematic and suggested that these spaces be located 15 feet from the right of way.

 

5                  OTHER BUSINESS

None.

 

6                  CEO REPORT

No action required.

 

1                 REVIEW OF THE MINUTES FROM JANUARY 14, 2009

Mr. Nickerson made a motion to accept the Minutes from the January 14, 2009 Planning Board meeting.  Mr. Mark Morris seconded the motion.  The Board Members voted 3 in favor and 1 abstention to accept the January 14, 2009 Planning Board Minutes.  Mr. R. Edward Morris abstained from voting because he was not present at the January 14, 2009 meeting.

 

8              REVIEW OF PLANNER ESCROW

No action required.

 

9              OTHER ITEMS NOT ON THE AGENDA

None.

 

10             ADJOURNMENT

Motion made by Mr. Timberlake for adjournment, unanimously accepted.  The meeting adjourned at 9:37pm.

           

 

      Respectfully submitted by

 Karen Wilcox

      Recording Secretary