Town of Turner, Maine

Planning Board Minutes

March 12, 2008

 

  CALL TO ORDER     

Chairman, Jeffrey Timberlake called the meeting to order at 7:02pm.  Those Members present were Mr. Timberlake, Shirley Twitchell, Raymond Lavoie, R. Edward Morris and Mark Morris.  Margaret Imber arrived at 7:05pm.  Board Member Roy Nickerson was not present.  Planner, John Maloney was present this evening.  CEO, Roger Williams was also present this evening.   

 

2              PUBLIC HEARING:

 

                RON MICHAUD-AUTO REPAIR

 

For the record, a Public Hearing is not necessary.  Mr. Michaud’s application has been changed from Site Plan Review to a Home Occupation. 

 

Mr. Timberlake stated that New Business Item A. would be heard next.

 

A            RODRIGUES DAVID-MAINE PARKS AND TRAILS

The following gentlemen are representing this proposal:

 

Mr. Steve Curtis, Regional Manager, State Boating.

Mr. George Powell, Boating.

Mr. Brian Bronson, ATV’s.

Mr. David Rod, ORV’s.

 

Mr. Curtis addressed the Planning Board and stated this property is located in the towns of Turner and Leeds.  There is a parking lot located in the north end and there are 15 miles of multiple trails and 11 miles of hiking trails.  The Turner property is located on the south end.  The proposal is to connect the north and south ends and to include boat access.  Mr. Timberlake stated that the access road on the south end, which is a long road, has had multiple problems.  Mr. Timberlake asked how it would be policed?  Mr. Curtis stated that there is no staff assigned at this time however the sheriff can be contacted if needed.  Mr. Timberlake then asked about gating.  Mr. Bronson stated that there is currently a gate on the north end, which is closed during mud season.  Ms. Twitchell stated that she was concerned about camping/fire issues and no quick response from the police.  The area in Turner is located on a dead end street and the neighbors do want to have to be the police when it comes to monitoring activity by kids and joy riders on ATV’s.  Ms. Twitchell stated that when this area was first developed, it was beautiful.  However, 100’s of ATV’s driving at exuberant speeds have devastated this area.  Mr. Timberlake agreed there have been lots of kids in this area, with no way of policing.  Mr. Timberlake stated that when the warden is called it takes 10 hours for a response.  There was then a discussion regarding the parking lot.  There was continued discussion regarding the devastation done by others to this once pristine area.  The discussion then turned to the boat launch and parking lots.  Ms. Imber suggested the possible use of CC TV setups.  There was then a discussion about making this area a state park.  Mr. Bronson commented that a lot of work needs to be done to iron out issues before making this area a state park.  Mr. Timberlake stated that a great deal of additional information is needed.  Mr. Timberlake stated that he is not against this proposal but that solutions to these issues need to be found.  Mr. Rod then asked about Resource Protection.  The answer was the intent would be yes.  There was then a discussion regarding public campgrounds.  Mr. Maloney stated that the town ordinance does not allow campgrounds.  Mr. Curtis stated that compliance would be within the town ordinances.  Mr. Powell asked if the overall plan should be looked at or if it would be better to look at one aspect at a time.  Mr. Timberlake stated he would like to see one aspect at a time.  Mr. Powell asked if picnic tables would be okay, or if town approval was needed.  Mr. Timberlake stated picnic tables should be okay.  Mr. Timberlake then brought up the issue of trash.  There was then a discussion regarding toilets.  It was stated that there would be no toilets until there was someone who could take care of them.  There is however the possibility of porta potties.  It was stated that there would be no significant development this year, bigger development is proposed for late summer and fall of next year.  It was then stated that the town of Leeds would also need to become part of this project and play a part in future discussions.  It was agreed by all that the town of Turner and the townspeople would be kept informed as to the development of this project.

 

A recess was taken from 7:50pm until 8:02pm.

 

3              OLD BUSINESS:

A             RON MICHAUD-AUTO REPAIR

Mr. Maloney stated that after reviewing Ordinance 4.K.3 and after visiting the site he believes that this application falls under Home Occupation.   Mr. Maloney stated that there should be 2 Conditions taken into consideration regarding no parts or tires being stored at this site and that not more then 2 vehicles at a time be worked on.  Mr. Timberlake asked that a statement be given to Mr. Maloney detailing how waste oil would be removed.   Mr. R. Edward Morris asked if a Driveway Permit was needed.  Mr. Maloney stated that the CEO should contact the MDOT to see if a driveway permit was necessary.  This issue will become Condition number 3.  Ms. Twitchell made a motion to accept the Home Occupation with Conditions 1 through 3.  Mr. Lavoie seconded the motion.  The Board Members voted unanimously to accept the Home Occupation with Conditions 1 through 3.

 

 

B                PROPOSED ORDINANCE AMENDMENTS

Mr. Maloney stated that some changes to the proposed ordinance amendments had been made after the Public Hearing.  These changes are as follows: 

 

Any references to shareholder(s) have been removed. 

 

The PUD minimum dimensional size was revised to agree with the minimum land area for the purposes uses as required in Section 3.I, Space and Bulk Standards.

 

The maximum impervious surface coverage in a Planned Unit Development shall not exceed that set forth in Section 3.I.

 

The making of alternative energy will not be considered at this time.

 

Ms. Imber made a motion to accept the Proposed Ordinance Amendments, which will be presented as 13 Warrant Articles for consideration at the Turner Town Annual Meeting.  This meeting will be held on April 4, 2008.  Mr. Lavoie seconded the motion.  The Board Members voted 3 in favor, 2 opposed.  Ms. Twitchell and Mr. R. Edward Morris were opposed.  The Planning Board has accepted the Proposed Ordinance Amendments. 

 

NEW BUSINESS:

B              KURT YOULAND-SUBDIVISION AMENDMENT

Mr. Maloney stated that Mr. Youland is requesting permission to remove the existing mobile home on this property, lot 13B-2, and reposition the entrance.  The new entrance would be moved further west.   It would be located 550 feet west from the property line with 475 feet of site distance to the property entrance.  The road will be rebuilt with repaving and ditching.  Mr. Youland stated that this mobile home is in bad shape and that he would like to replace it with something better, possibly a house lot.  Mr. Maloney then referred to the Findings of Facts from the Highlands North Subdivision Amendment dated August 10, 2005.  Mr. Maloney then explained the chain of events regarding the issues surrounding lot 13B-2.  Mr. Youland stated that he is trying to make this entrance safer and to also get this lot into compliance.  Mr. Timberlake asked about a time frame.  Mr. Youland stated that he would like to have   the new entrance completed by July 15, 2008.  It was stated that the CEO should inspect all work upon completion.  Mr. Maloney stated that after the snow has melted he would go look at this site.  Mr. Youland stated that he would have the area staked before Mr. Maloney’s visit. Mr. Maloney stated that the new amendment would remove the following wording from the existing amendment:

 

The existing mobile home on lot 13B-2 shall be removed before July 1, 2006.  After the removal of the mobile home the use of the driveway serving the mobile home shall be limited to access for forestry and agricultural uses only.

 

Mr. Maloney then stated that the following wording (or similar wording) would be added to the new amendment:

 

Move the entranceway to a more suitable area to be built for better visibility by July 15, 2008 and inspected by the CEO.  The existing access to this property shall be removed.  The mobile home can remain until the owner decides to remove it.

 

Ms. Twitchell made a motion to accept the above stated verbiage for the new subdivision amendment.  Mr. Lavoie seconded the motion.  The Board Members voted unanimously to accept the new amendment with the above stated verbiage.  Mr. Maloney will prepare the Findings of Fact for review at the next Planning Board meeting.

 

5               OTHER BUSINESS:

Mr. Timberlake stated that he had a discussion with Attorney Norman Rattey.  Mr. Timberlake stated that this was a telephone conversation and that he would like the conversation and all determinations documented by Mr. Rattey.  This conversation was regarding the deed(s) transfer transaction by Mr. Kurt Youland.  Mr. Timberlake stated that deeds were valid and the subdivision was legal.  Mr. Kurt Youland has the right to lease this land to the interested Tower Company.  The following should take place:

 

The deeds will be recorded as is.  Kelvin Youland will gift back to Kurt Youland.  The original deeds were dated April 22, 2003.  The original deed will be recorded and will be simultaneously deeded back. 

 

A new application by the Tower Company could be submitted for review in May if the above events take place.  The current application will be withdrawn. 

 

Mr. Timberlake then stated that he asked Mr. Rattey if the Planning Board did anything wrong.  Mr. Rattey answered, no.  Mr. Timberlake also asked Mr. Rattey if Mr. Kurt Youland had done anything wrong.  Mr. Rattey answered, no.  Mr. Timberlake then stated he also asked Mr. Rattey if the Town of Turner did anything wrong.  Mr. Rattey answered, no.  There was then a discussion regarding discussions with applicants, applicant’s representatives, etc. without all parties being present.  Ms. Imber and Mr. Maloney stated that they were concerned about possible conflict involving the Planning Board.  Mr. Maloney stated that he was trying to protect the Planning Board.  It was agreed that no improprieties existed.  Mr. Maloney suggested that the Planning Board Members review some of the standards set by the MMA.  Ms. Imber then suggested a workshop be held to discuss these issues. 

 

Mr. Timberlake left the Board table.  Ms. Imber is now chairing this evening’s meeting.

 

Mr. Timberlake addressed the Planning Board and stated that he is proposing a wind farm with wind towers on his property know as Ricker Hill Orchards.  Mr. Timberlake described the heights of these towers as well as the speed and sounds of these towers.  Mr. Timberlake stated that this property is approximately 1,800 acres.  The towers will be situated along the ridge and they will be viewable, they will be 400 feet tall.  Mr. Timberlake then stated that the tax basis for this project could be very profitable to the town.  Mr. Timberlake stated that these towers would be erected on 40 x 40 bases.  Mr. Maloney stated that site law could be an issue.  Mr. Maloney stated that the town has no regulations for such a project.  It was stated that there should be no issues with the DEP but that the NEPA might become involved.  There was then a discussion regarding noise and decibels.  There was then a discussion about TIFF documents.  Mr. Timberlake stated that he was working with a gentleman named, Tom Wind, and that he should be able to provide wind information and site noise information.  Mr. Maloney stated that he felt a test tower could be installed.  Mr. Timberlake stated that 35-year generators would power these wind towers and that the turbines would be changed every 20-25 years.  Mr. Timberlake asked the Planning Board for some direction on how to proceed with this project.  It was agreed that a discussion would ensue at the next workshop meeting regarding this proposed project.

 

Mr. Timberlake returned to the Board table and has resumed chairing this evening’s meeting.

 

REVIEW OF MINUTES FROM FEBRUARY 27, 2008  

Ms. Twitchell made a motion to accept the Minutes from the February 27, 2008 Planning Board meeting.  Mr. Lavoie seconded the motion.  The Board Members voted 4 in favor and 1 abstention to accept the February 27, 2008 Minutes.  Mr. Mark Morris abstained from voting because he was not present at the February 27, 2008 Planning Board meeting.

 

PLANNER ESCROW

Mr. Williams stated that $76.50 should be refunded to Dale Talbot-Shire Subdivision.  Mr. Williams also stated that $72.00 should be refunded to River View Subdivision.  Mr. Maloney stated that an additional bill might need to be submitted for the River View Subdivision.  Ms. Twitchell made a motion to refund Dale Talbot $76.50.  Mr. Lavoie seconded the motion.  The Board Members voted unanimously to refund Dale Talbot $76.50.

 

8                CEO REPORT

No action required.

 

      9                ADJOURNMENT

Motion made by Ms. Imber for adjournment, unanimously accepted.  The meeting adjourned at 9:36pm.

           

 

      Respectfully submitted by

 

 

 

      Karen Wilcox

      Recording Secretary