1 CALL TO ORDER

Called to order at 7:02pm by Chairman Mr. Gregg Varney. Mr. Varney then read the agenda. Those Members present were Mr. Varney, Mark Morris, Roy Nickerson, R. Edward Morris and Raymond Lavoie. Shirley Twitchell arrived at 8:46pm. Board Member Margaret Imber was not present. Planner, John Maloney was present this evening. CEO, Roger Williams was also present this evening.

2 PUBLIC HEARING-HANNAFORD BROTHERS-NEW

CONSTRUCTION

Mr. Varney opened the Public Hearing at 7:03pm.

Mr. Tyler Sterling, Real Estate Development Associate, from Hannaford Bros. Co. addressed the Planning Board and stated that Ms. Mary Gamage and Mr. Doug Boyce, also from Hannaford Bros. Co., were also present this evening. Mr. Sterling referred to the location map and stated that this proposal was for a grocery store to be located on Snell Hill Road and Route 4. Mr. Sterling stated 2 waivers were being asked for (Mr. Sterling did not state at this time what the waivers were for). The store will be located on approximately 8 acres of what is now wooded property. The Androscoggin Land Trust owns part of the land involved. The store will be 36,000 square feet. Mr. Sterling then stated that Hannaford Bros. Co. has similar type stores located in Winthrop, China and Gray. Lewiston, Auburn and Oxford have larger stores. Mr. Sterling stated that some parking spaces have been removed from the original plan due to the new plan of widening the Snell Hill Road. Preservation of landscape will be very seriously considered with the installation of berms and vegetation and no development within 250 feet of the Nezinscot River. The well will be drilled on the land owned by the Androscoggin Land Trust. In exchange for this well on the Land Trust property a walking park will be developed. The proposed building will be of a New England type development with a 10-foot fence in the back of the building. Vehicular access will be primarily off of Snell Hill Road with a right in/right out access only on Route 4. Mr. Sterling stated that a scoping meeting has been held with the MDOT regarding vehicular access. There is a proposal to widen Snell Hill Road as well as Route 4, to install a traffic light and the extension of raising the existing island by 25 feet. The main entrance will be off of Snell Hill Road. The service entrance and drive thru entrance will be located in the back. There was then a discussion regarding how much traffic would be coming in the Route 4 right in/right out entrance/exit. There was also a discussion regarding pedestrian access. Mr. Sterling then stated that there would be 161 parking spaces with 152 spaces being standard and 9 handicapped spaces. The spaces would be 9 feet by 19 feet. There will also be a sidewalk installed. Mr. Sterling then stated that with regards to storm water, there would be a storm water pond. There will be approximately 3,000 gallons of waste water per day and that there should be no impact to the soils, the soils tested suitable. Mr. Sterling stated that he believed phosphorus export was not applicable. Ms. Shelley E. Brunelle, a Landscape Architect, from DeLuca-Hoffman Associates, Inc. then addressed the Planning Board. Ms. Brunelle explained the screening and mitigating view stating there would be a 10-foot high wooden fence installed on the western portion of the property approximately 350 feet in length. This fence would have 10 to 8 foot angles into the bermed areas. Tall growing evergreen trees and shrubs will be planted as screening. Most of the plants will be native to New England. More pleasing shade trees 3 to 4 feet in height will be planted on Snell Hill Road. Ms. Brunelle stated that the MDOT requires 4-foot tall berm at the intersections. The idea of all of the berming is not too see the cars in the parking lot. Mr. Sterling then stated that Hannaford Bros. Co. is self-financed and that there are 170 stores located in New England. Mr. Sterling also stated that with regards to the Comprehensive Plan there are no scenic vistas involved. Ms. Pat Dickinson of the Turner Village Preservation Committee then addressed the Planning Board. Ms. Dickinson stated that she had 2 petitions signed by the citizens of Turner to present to the Planning Board.

Petition #1 read as follows:

We the people of Turner, Maine believe the Village District Zone, shall be clarified to no buildings greater than 15,000 square feet.

80 people signed this petition.

Petition #2 read as follows:

We the people of Turner, Maine believe the Hannaford project does not comply with the standards of the Village District.

90 people signed this petition.

Ms. Shana Cook Mueller, an attorney from Bernstein Shur, who is representing the Turner Village Preservation Committee, addressed the Planning Board. Ms. Mueller distributed a memorandum that she had prepared addressing the issues of the

Turner Village Preservation Committee. These issues referred to the construction of a New England style building, specifically the roof structure and the random construction along Route 4. Ms. Mueller also commented on traffic and safety. Ms. Mueller then stated that more information needed to be provided on soil limitations and to have a possible peer review regarding this issue. Ms. Mueller also wanted more information on the septic test pits and a replacement disposal system. Ms. Mueller then stated that she did not see a 300-foot setback on the plan to the well. The discussion then turned to traffic. Ms. Mueller stated that Route 4 is a dangerous road and it is highly important that a traffic study be conducted. This traffic study should include the intersections of Main Street, Route 4 and Snell Hill Road. Ms. Mueller then stated she had a concern for any waivers being granted for this project. Ms. Mueller then stated that the ground water impact study does not address how other wells in the area might be affected. Ms. Mueller suggested that this area should have a peer review. There was then a discussion regarding a sand and gravel aquifer and ground water recharge. Ms. Mueller then referred to the last page of her memorandum, which suggested some contact information for peer review. Mr. Dennis Richardson stated that it appears the Turner Village Preservation Committee had just been formed because of this proposed project. Ms. Eva Leavitt then stated that she felt the proposed structure was quite boxy for the Village District image. Ms. Leavitt then distributed to the Board Members an image she had downloaded from the Internet depicting a more suitable building type. Ms. Lindy Gallup then addressed the Board Members and stated that she felt competition was good but that she has concerns about the traffic, the architecture of the building and the possibility of this project looking like a strip mall. Ms. Gallup also stated that she likes the look of more of a mom and pop store, smaller in scale. Ms. Jan Soucy stated that she does not like the looks of the new store and does not want to see this project proceed. She also stated that she has concerns with the traffic and would like to see Turner stay the way it is now. Mr. Lawrence House then address the Planning Board and stated that this project will generate more taxes for the Town of Turner, employ 100 people and Turner will now have a Pharmacy. He thinks this project is great. Ms. Audrey Hobbs stated that she agrees with Mr. House but would like to see this project somewhere else. She believes that this project will take away the town’s country look. Mr. Gary Brooks, who has driven a large beverage truck up and down Route 4, stated that there will be lots of noise in the middle of the night, lighting will affect everyone, and snow removal will become an issue. He also stated that such a small town does not need a traffic light. He feels that small town values will be lost and there will be more accidents and fatalities on Route 4. Ms. Jean Prince then stated she was sad to see the loss of small animals, birds and fish and wanted to know why there was no study on the impact to wildlife. Mr. Doug Boyce stated that this information could be provided. Mr. R. Edward Morris asked about the width of the right of way on Snell Hill Road. Mr. Sterling stated that 9 parking spaces had been removed to expand the right of way. Ms. Lindy Gallup then asked about the traffic on Snell Hill Road, specifically regarding the cars driving to the Transfer Station. Ms. Gallup also asked when does the MDOT consider an area no longer rural and force the town to take over Route 4 maintenance issues. Mr. Peter Hedrich, Vice President Transportation, from Gorrill-Palmer Consulting Engineers, Inc. stated that the Traffic Analysis that has been completed meets the Town of Turner’s Standards. Mr. Hedrich also stated that a population of a community of more then 6,000 people drives the urban issue before the MDOT even looks at this issue. Ms. Jan Soucy asked if there would be a slow down caution light on Route 4. Mr. Boyce stated that the signal would be red, yellow and green and that there would be detectors in the pavement. Mr. Boyce then proceeded to explain how these detectors would work. Ms. Soucy asked if the town would incur any expense for the installation of this light. The answer was, no. The discussion then turned to whether or not the MDOT would approve such an intersection, since Route 4 is considered a rural arterial. Mr. Boyce stated that the MDOT has been approached to consider this traffic light. Mr. Roger Deschenes asked what if the traffic light was not approved. It was stated that it would be up to Hannaford Bros. Co. what the next step would be. Ms. Kelly Cooper Arsenault asked what if there were an emergency would the traffic light be on or off. Mr. Boyce stated that the traffic light could be programmed. Ms. Audrey Hobbs stated that she believes there will be a high accident rate at this intersection. She also had concerns regarding the so-called sensors being affected by kids, horses and bikes. She also has concerns regarding any one crossing Route 4 safely. Mr. Brad Dupile had a concern regarding water from the parking lot draining into the river and into the marshy area.

Mr. Lavoie left the Board table at 8:29pm and returned at 8:32pm.

Ms. Marie Dostie stated that she lives across the street from the proposed project and remembers when Route 4 was Main Street. She stated that things are bound to keep changing. Ms. Dostie stated that she has had discussions with Hannaford and she believes them to be a very responsible company and that they will do the right thing by the community. She also stated that it looks like it will be a nice store and a good thing for the town.

Mr. Varney closed the Public Hearing at 8:32pm.

Recess taken from 8:33pm until 8:42pm.

3 OLD BUSINESS:

A TWENTY-MILE OVERLOOK SUBDIVISION

Mr. Jason Courbron from Survey Works, Inc. is representing this project this evening. Mr. Maloney stated that preliminary approval was granted at the June Planning Board meeting. Mr. Maloney then reviewed the Application Completeness Checklist Final Plan for a Major Subdivision. Mr. Maloney stated that a statement showing financial capacity had been received and that the culvert sizing for the individual driveways were deemed adequate. Mr. Nickerson 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 unanimously to accept the Application Completeness Checklist Final Plan for a Major Subdivision as complete. Mr. Maloney then reviewed the Findings of Facts with Conditions of Approval 1 through 10 and Other Conditions of Approval 1 through 7. Mr. Nickerson made a motion to accept the Findings of Fact with Conditions 1 through 10 and Other Conditions of Approval 1 through 7. Mr. Lavoie seconded the motion. (This motion and second was made at approximately 8:44pm). Mr. R. Edward Morris asked if the applicant needed to come back before the Planning Board before Phases II and III are started. Mr. Maloney stated that all 3 Phases are approved together but that the Road Commissioner will need to be involved during the construction of the road(s) for Phase II and III. The Board Members voted unanimously to accept the Findings of Fact with Conditions 1 through 10 and Other Conditions of Approval 1 through 7. Mr. Courbron left the Mylar for Mr. Maloney to review before the Planning Board Members sign it.

It should be noted for the record that Ms. Twitchell did not vote on this project since she arrived at 8:46pm.

B HANNAFORD PROJECT-SITE WALK REPORT

Mr. Maloney reviewed the Site Walk Report that he prepared. The site walk took place on May 27, 2009. Ms. Twitchell made a motion to include the Site Walk Report as part of the public record of this evening’s meeting to be included with the Minutes. Mr. Lavoie seconded the motion. The Board Members voted unanimously to include The Site Walk Report with this evening’s Minutes.

C HANNAFORD PROJECT-PRELIMINARY APPLICATION

SITE REVIEW

Mr. Sterling and Mr. Boyce stated that 2 letters had been sent to Mr. Maloney, which addressed some open items on the Application Completeness Checklist for Site Plan Review. These letters were dated July 7, 2009 and July 8, 2009. Mr. Sterling stated that Items 9, 13, 14 and 22 should now be found complete. Mr. Sterling also stated that Item 40, an application for an approved driveway/permit had been submitted to the MDOT on June 9, 2009. Two waivers are being requested.

The following represents the requested waivers:

Section 5.E.3.g: “Where a proposed development is to be located at the intersection of Route 4, 117 or 219 and a minor collector road, entrance(s) to and exit(s) from the site shall be located only on the minor or collector road provided that this requirement may be waived where the applicant demonstrates that existing site conditions preclude the location of a driveway on the minor or collector road, or that the location of a driveway on the minor or collector road would interfere with a predominately residential neighborhood” and Section 5.E.3.k “Driveway Spacing: Distance from edge of driveway comer (point of tangency) to edge of intersection comer (point of tangency) by type of driveway should be as follows:”

Minimum Corner Clearance (feet)

Intersection Intersection

Driveway Signalization Unsignalization

Low Volume<50-100 trips/day 150 50

Medium Volume>50-100 trips/day 150 50

<200 trips/hour

High Volume>200 trips per hour 500 250

Mr. Joseph Laverriere, Senior Engineer, of DeLuca-Hoffman Associates, Inc. then stated that Item 27, Test Pit Logs had been provided with some less than 24 inches and the reserve areas having been designated. Setbacks can be provided if needed. Mr. Williams then asked if the right of way issue with Ms. Jean Guidi had been resolved. Mr. Sterling stated that upon a title search no evidence was revealed that this right of way exists. There is no intention to block this so-called right of way. Mr. Sterling stated that he would contact Ms. Guidi regarding this matter for further discussion. Mr. Maloney asked if Hannaford had right title and interest. Mr. Sterling stated, yes. Mr. Maloney then reviewed the Application Completeness Checklist for Site Plan Review. Mr. Maloney stated that Items 9, 13, 14, and 22 had been found complete. Mr. Maloney then stated Item 40 had been submitted to the MDOT, but had not been yet been approved. Mr. Maloney stated that he felt approval would be forthcoming. There was then a discussion regarding waiving Item 40, Approved driveway/entrance permit by MDOT. The permit would be provided to the Planning Board as soon as it is received. Mr. R. Edward Morris stated that he would like to see the MDOT permit before accepting the Application Completeness Checklist as complete. Mr. Williams agreed with Mr. Morris. Mr. Boyce stated that the application has been submitted to the MDOT and that Hannaford Bros. Co. should receive it within a few weeks. Mr. Boyce then stated that other communities have moved along without the MDOT permit in hand. There was then a discussion regarding what the Planning Board has done in the past. The Board Members agreed that no other applicant had been given acceptance of the Application Completeness Checklist until the MDOT driveway/entrance permit had been granted by the MDOT. There was then a discussion regarding the requested waivers. Mr. Sterling then stated that he would like this project to move forward and asked what needs to be done to move forward. Mr. Varney stated that the waiver requests needed to be considered as well as the public testimony. Mr. Maloney agreed that a review of the waiver requests are very important. Again another discussion ensued about the receipt of the MDOT driveway/entrance permit. Mr. Williams stated that the ordinance must be followed. Mr. Boyce then stated that a DEP Public Hearing would be held on July 21 at 6:00pm. This Public Hearing was not a Planning Board Hearing; however the same notices to advertise this meeting would be issued by Hannaford Bros. Co. Mr. Boyce then explained the DEP process. After this discussion it was asked if the requested waivers could be discussed. Mr. Varney stated that the waivers would be discussed at the next Planning Board meting. The Planning Board Members agreed that the MDOT driveway/entrance permit must be submitted before this project can move forward. Ms. Twitchell made a motion to table this application until the August 12, 2009 Planning Board meeting. Mr. Lavoie seconded the motion. The Board Members voted unanimously to table this application until the August 12, 2009 Planning Board meeting.

4 NEW BUSINESS:

None.

5 OTHER BUSINESS:

Mr. Maloney stated that the State Review of the Shoreland Zoning Amendments having not been adopted by the Town of Turner would be imposed in the future.

6 CEO REPORT

No action required.

7 REVIEW OF THE MINUTES FROM JUNE 10, 2009

Ms. Twitchell made a motion to accept the Minutes from the June 10, 2009 Planning Board meeting. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the June 10, 2009 Planning Board Minutes.

8 REVIEW OF PLANNER ESCROW

No action required.

9 OTHER ITEMS NOT ON THE AGENDA

None.

10 ADJOURNMENT

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

Respectfully submitted by

Karen Wilcox

Recording Secretary