Planning Board Minutes
February 27, 2008
1 CALL TO ORDER
Chairman, Jeffrey Timberlake called the meeting to order at 7:01pm. Those Members present were Mr. Timberlake, Shirley Twitchell, Raymond Lavoie, R. Edward Morris, Margaret Imber and Roy Nickerson. Board Member Mark Morris was not present. Planner, John Maloney was present this evening. CEO, Roger Williams was also present this evening.
2
PUBLIC HEARINGS:
PROPOSED ORDINANCE AMENDMENTS
Mr. Timberlake opened the Public Hearings at 7:02pm.
Mr. Timberlake addressed those in the audience and stated that Mr. Maloney would review the proposed Ordinance Amendments. After this review there would be time for questions and answers. After the discussion of the proposed amendments if the Board Members agreed to any changes they would be made and the final proposed Ordinance Amendments would be presented at the Town meeting for acceptance by the citizens of Turner. Mr. Timberlake then asked Mr. Maloney to review the Ordinance Amendments.
Mr. Maloney stated that the amendment to Section 3.I.6 would read as follows: In the Commercial I, Commercial II, Village and Agricultural/Industrial Districts each principal structure does not need be so situated and constructed to be capable of being sold or transferred separately with a conforming lot. Provided that the required lot size, and frontages for each principal structure, required setbacks, maximum building coverage, maximum impervious surface ratio and minimum pervious ratio as set forth in Section 3.I Bilk and Space Standards are met.
Mr. Maloney then stated that the amendment to Section 4.B would read as follows:
2. A statement indicating how those that use the right-of-way to access their residences will provide for adequate maintenance provision for the right-of-way.
Mr. Maloney then stated that a new Section 4.DD with regards to Planned Unit Development, a.k.a. PUD, was being proposed as a new Ordinance. Mr. Maloney explained this new Section with regards to Purposes, Permitted Districts and Procedure. Mr. Maloney stated that a requirement of 5 acres of land would be needed; however less could be considered. Mr. Maloney then stated that the MMA attorneys are reviewing this new proposed Ordinance.
Mr. Maloney continued and stated that the amendment to Section 5.D.4 would read as follows: For the purposed of this section the “applicant” shall be considered an individual, firm, company or partnership of any type including the majority shareholder or partner. Mr. Maloney then stated that the MMA attorneys are also reviewing this wording.
Mr. Maloney then stated the that the
amendment to Section 8, Definitions, would read as follows:
A planned unit development is a residential or mixed-use land
development which is developed under unified management; is planned
as a whole according to comprehensive and detailed plans, including
streets, utilities, lots or building sites, open space and preserved
natural forests, recreational facilities, and design principles for
proposed buildings; is reviewed and approved as a subdivision by the
Planning Board and in addition is subject to the requirements of this
Section; may be developed in clearly identified stages; and provides
for the operation and maintenance of common facilities.
Mr. Maloney also stated that all lots of less than 500
acres shall be considered as lots within the proposed subdivision
unless exempted by Title 30A, M.R.S.A. Sections 4401, 4.A.1., 4.B,
4.D and 4.E shall be stricken.
Mr. Maloney also stated that under Tract, or Parcel, of Land
after September 22, 1971 be added.
Mr. Maloney stated that a request has been made to amend the Zoning Map. Mr. Maloney explained these proposed changes to the Zoning Map stating that these changes would primarily affect the zoning at Crosswinds Air (formerly Twitchell’s Airport). These changes would allow the Commercial Use to be changed to Rural I, which would then allow residential uses.
Mr. Maloney then reviewed the proposed
Subdivision Ordinance Amendments.
Mr. Maloney stated the amendment to Article III, Definitions
would strike except as provided for below and also
strike All lots of less than 500 acres shall be considered as lots
within the proposed subdivision unless exempted by Title
30-A, M.R.S.A. Section 4401.4
A.1, 4.B., 4.D., and 4.E. Mr.
Maloney also stated that under Tract, or Parcel, of land after
September 22, 1971 be added.
Mr. Maloney then reviewed the amendments to Article VI, 6.2, Procedure, Article VII, 7.1 Procedure, and Article VIII, 8.1, Procedure and stated that the following would be added to each section: For the purposed of this section the “applicant” shall be considered as individual, firm, company or partnership of any type including the majority shareholder or partner. Mr. Mike Gotto then stated that he did not agree with this wording. Mr. Timberlake stated that the wording of the Proposed Subdivision Amendments are being reviewed by MMA.
Mr. Maloney then stated that the next proposal is to amend Article 10.2, Open Space Provisions, by adding a subsection E. This addition would read as follows: The proposed subdivision shall provide safe pedestrian access within the subdivision and interconnection with existing facilities on abutting properties including connection and/or preservation of existing snowmobile trails to accomplish the goals of the Comprehensive Plan.
M. Maloney then stated that the proposed amendment to Article 10.7.b, Water Supply, would read as follows: 2. Based on the recommendation of the Fire Department the Board may require the subdivider to install systems to provide water for fire fighting purposes or to pay for such systems.
Mr. Maloney then explained the proposed changes to Article 10.9, Phosphorous Export, with regards to the Lake Protection Table.
Mr. Maloney then stated that the proposed amendment to Article 10.15, Traffic Conditions would strike or Mixed Use.
Mr. Maloney then stated the proposed
amendments to the Planning Board Ordinance.
Section 2.D should be amended to state including
resignation by absence. Section 8 should have
State law stricken and add Title 30-A MRSA Section 3002.
Mr. Maloney also stated that the Flood Plain Ordinance would be brought up to compliance.
Mr. Timberlake stated that MMA approval is needed before the Planning Board can vote on these Proposed Ordinance Amendments. Mr. Maloney then stated that any changes to these Amendments would be discussed at the March Planning Board meeting. Mr. Timberlake asked if there were any comment or concerns. Mr. Mark Duguay stated that he had an issue with the minimum lot size issue of 5 acres under the new PUD Ordinance. There was some discussion regarding this issue. It was suggested that each area be looked at individually. The Planning Board agreed with this suggestion. It was also suggested to look at alternative energy for the future.
The tape recording was turned off for approximately 1 minute, so gentlemen from the outside could ask that a certain car be removed, which was blocking him in.
GLOBAL TOWER PARTNERS LLC
Ms. Maureen Butler from Global Tower
Partners is representing this project this evening.
This project coordination is by:
ATC Realty Inc. Ms.
Butler stated that this new cell tower would be located on
The Public Hearings were closed at 8:04pm.
3
OLD BUSINESS:
A
PLEASANT VIEW ACRES-SUBDIVISION AMENDMENT-
FINDINGS OF FACTS
Mr. Maloney read the following: Therefore, the amendment #4 request of Brian and Linda Gallagher and Ronald and Brenda Bussiere, to relocate lot lines 1, 2, 13 and 14 as described in the findings above is hereby approved with the following condition.
This amendment is limited only to the
changes in lot lines of Lots 1, 2, 13 and 14 with
Ms. Twitchell made a motion to accept the Findings of Fact with the Condition as stated above. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the Findings of Facts.
B
RIVER VIEW ACRES SUBDIVISION-PRELIMINARY PLAN-
FINDINGS OF FACTS
Mr. Maloney reviewed the Preliminary Plan Findings of Facts with Conditions Approval 1 through 5. Ms. Twitchell made a motion to accept the Preliminary Plan Findings of Facts with Conditions of Approval 1 through 5. Mr. Lavoie seconded the motion. The Board Members voted unanimously the Findings of Facts.
C
RIVER VIEW ACRES SUBDIVISION-FINAL PLAN
Mr. Maloney reviewed the Application Completeness Checklist Final Plan Major Subdivision. Mr. Maloney stated that all items had been found complete and that Item 20 had been discussed and an agreement had been reached between the applicants and the Road Commissioner. Mr. Maloney then reviewed the extra checklist items that he had added and stated that they were all found complete. Ms. Twitchell made a motion to accept the Application Completeness Checklist Final Plan Major Subdivision. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Maloney then reviewed the Final Plan Subdivision Approval with Conditions of Approval 1 through 9 and Other Conditions of Approval 1 through 7. Ms. Twitchell made a motion to accept the Final Plan Subdivision with Conditions of Approval 1 through 9 and Other Conditions of Approval 1 through 7. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the River View Acres Final Plan. A representative from Main-Land Development Consultants, Inc. is leaving the plans to be signed by Mr. Timberlake. The plans will be signed after the town receives the $1,000.00 check required from the applicant.
D
GLOBAL
TOWER PARTNERSHIP LLC-SITE PLAN REVIEW
Mr. Mike Gotto addressed the Planning
Board and discussed the fact that the deeds drawn up to Kelvin
Youland and Karen Youland had never been recorded.
Mr. Gotto stated that the deeds were legal and a mistake had
been made by not recording them.
Mr. Maloney then stated that he feels that Mr. Timberlake
should not have lengthy conversations regarding this issue with Mr.
Gotto without the other Board Members knowledge. Mr. Timberlake stated that he
does not agree with Mr. Maloney and that any discussions he has had
with Mr. Gotto would certainly be of no gain to Mr. Timberlake.
There was then a lengthy discussion regarding the fact that
the deeds were never recorded as intended and as dictated by the
original subdivision plan. There
was then some discussion regarding the 5-year rule on splitting lots.
Again the discussion turned to the recording of the deeds and
the fact that it will be 5 years on April 23, 2008 that this
subdivision was approved. The discussion turned to the
fact that Mr. Kurt Youland has been paying taxes on this property for
the past 5 years, so didn’t he realize that he still owned it?
Since Mr. Kurt Youland does not have right title and interest
the question arose as to how
The Planning Board/Town needs to make sure the Teague Hill Estates Subdivision is in conformance.
If there is any liability to the town.
Mr. Timberlake then appointed Ms. Imber to work with Mr. Maloney, Mr. Gotto and the town attorney. Mr. Timberlake stated that he would contact the town manager, Eva Leavitt, to start the ball rolling with the attorney. Mr. Timberlake asked Ms. Imber to report back to the Planning Board as soon as possible. Mr. Timberlake then stated that there will be no further review of this project until the right title and interest issues have been resolved to the Planning Board’s satisfaction.
NEW BUSINESS:
A
MITCH’S AUTO-SKETCH PLAN
Mr. Ronald Michaud is representing this
project this evening. Mr.
Michaud stated that he has already built a garage to service 1 to 2
cars per day. Mr. Michaud is retired
and only wants to work approximately 4 hours per day.
Mr. Michaud plans on only running this business for 1 to 1
½ years. This business is located on
Rout 117 just beyond the cranberry bogs.
It was agreed upon that a site walk was not needed.
A Public Hearing was set for March 12, 2008 at 7:00pm.
5
OTHER BUSINESS
None.
Ms. Twitchell made a motion to accept the Minutes from the January 9, 2008 Planning Board meeting. Mr. Lavoie seconded the motion. The Board Members voted 4 in favor and 2 abstentions to accept the January 9, 2008 Minutes.
PLANNER ESCROW
No action required.
No action required.
9
ADJOURNMENT
Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 9:27pm.
Respectfully submitted by
Recording Secretary