1 CALL TO ORDER

Called to order at 7:00pm by Chairman Ms. Margaret Imber. Those Members present were Ms. Imber, Shirley Twitchell, Mark Morris, Roy Nickerson and Raymond Lavoie. Board Member R. Edward Morris was not present. Planner, John Maloney was present this evening. CEO, Roger Williams was also present this evening.

2 PUBLIC HEARING-RODNEY GUPTILL (RODNEY’S REPAIR)-SITE REVIEW

Ms. Imber opened the Public Hearing at 7:01pm.

Mr. Rodney Guptill stated that he will be repairing vehicles and selling used cars. This repair business is an existing business and is located on Route 219.

Seeing no questions from the audience Ms. Imber closed the Public Hearing at 7:02pm.

PUBLIC HEARING-DCCS PERFORMANCE LLC-SITE REVIEW

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

Mr. Harry Ricker addressed the Planning Board and stated that this business will be a car repair business only. Ms. Debbie Travers an abutter asked what the hours of operation would be. It was stated that the hours of operation would be Monday through Friday from 9:00am until 5:00pm. Ms. Travers then asked if she could operate a business since she lived next door to this site. Mr. Maloney stated that as long as all of the standards for site review were met that, yes, she could also operate a business. Mr. Ricker then stated that this business is located at 1 Weston Road, at the intersection of Route 4 aka Auburn Road.

Seeing no questions from the audience Ms. Imber closed the Public Hearing at 7:05pm.

3 OLD BUSINESS:

A GLEN DUBE-SUBDIVISION

Mr. Dube was not present this evening.

B JOAN BRYANT-DESCHENES-SITE REVIEW

Ms. Joan Bryant-Deschenes was not present this evening.

C RODNEY GUPTILL-SITE REVIEW

Mr. Maloney stated that a site walk had taken place on June 16, 2010. Planning Board Members Ms. Twitchell, Mr. R. Edward Morris, Mr. Mark Morris and Ms. Imber were in attendance. Also in attendance was Mr. Maloney. Mr. Williams then distributed a revised plan to the Board Members. Mr. Maloney then reviewed the Application Completeness Checklist for Site Plan Review. Mr. Maloney stated which items he felt were not applicable as well as suggesting waivers for Items 13, 14, 40 and 44, Mr. Maloney also reviewed his additional notes. Ms. Twitchell made a motion to waive Items 13, 14, 40 and 44. Mr. Lavoie seconded the motion. The Board Members voted unanimously to waive Items 13. 14, 40 and 44. Ms. Twitchell made a motion to find the Application Completeness Checklist for Site Plan Review as complete. Mr. Lavoie seconded the motion. The Board Members voted unanimously to find the Application Completeness Checklist for Site Plan Review as complete. Mr. Maloney then reviewed the new site plan with markups. Mr. Maloney stated that the parking spaces were now depicted with the right size of 10 feet by 20 feet and that the curb cut had been reduced to 30 feet. Mr. Maloney then stated that MDOT may request something other than 30 feet. Mr. Maloney then reviewed page 2 of the Findings of Facts and Conclusion of Law with regards to Vehicular Access. Mr. Maloney then reviewed the Conditions of Approval 1 through 8. Mr. Williams stated that the MDOT driveway entrance permit was still needed. Reference was made to Condition 7 which stated this permit was indeed still needed. Mr. Maloney then stated that if in the future Mr. Guptill decided to add on a towing business that Mr. Williams could issue such a permit if all of the standards were met for such a business. Ms. Twitchell made a motion to accept the Findings of Fact & Conclusion of Law with Conditions 1 through 8. Mr. Lavoie seconded the motion. The Planning Board Members voted unanimously to accept the Findings of Facts and Conclusion of Law with Conditions 1 through 8.

D DCCS PERFORMANCE LLC SITE REVIEW

It was agreed upon by all to hear this agenda item before Cutter LLC-Apple Ridge Subdivision-Sketch Plan.

Mr. Harry Ricker is representing this project this evening. Mr. Ricker gave the abutters notice letters acceptance green cards as well as the MDOT driveway entrance permit to Mr. Maloney. It was stated that a site walk had been held on July 28, 2010. It was stated that site distance, off street parking and oil disposal had all been addressed. Mr. Maloney then proceeded with the review of the Application Completeness Checklist for Site Plan Review. Mr. Maloney stated that all of the items had been found as complete and he suggested waiving items 13, 14, 17, 18, 32, 46, 47 and 50. Mr. Maloney also stated that 2 parking spaces would be sufficient. Ms. Twitchell made a motion to waive items 13, 14, 17, 18, 32, 46, 47 and 50. Mr. Lavoie seconded the motion. The Board Members voted unanimously to waive items13, 14, 17, 18, 32, 46, 47 and 50. Ms. Twitchell then made a motion to find the Application Completeness Checklist for Site Plan Review with the above stated waivers as complete. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the Application Completeness Checklist for Site Plan Review as complete. Mr. Maloney then proceeded to review the Findings of Fact and Conclusion of Law with Conditions 1 through 8. Ms. Twitchell made a motion accept the Findings of Fact and Conclusion of Law with Conditions 1 through 8. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the Findings of Fact and Conclusion of Law with Conditions 1 through 8.

E CUTTER LLC-APPLE RIDGE SUBDIVISION-SKETCH PLAN

Mr. Maloney recused himself from hearing this project. Mr. Ferg Lea is representing this project on behalf of AVCOG.

Mr. Mike Gotto of Stoneybrook Consultants, Inc. is representing this project this evening. It was stated that a site walk took place on August 4, 2010. Those in attendance were Mr. Maloney, Mr. Lea, Ms. Imber and Mr. Williams. It was stated that this property is located on General Turner Hill Road. It was also stated that this orchard had not been cultivated for 2 years. There was then a discussion referring to the Email prepared by Mr. Lea regarding the open space concept and the fulfillment of the ordinance. Mr. Lea stated that he believed 6 points were missed. A copy of this Email is attached to the Minutes with Mr. Lea’s comments and observations. Mr. Gotto stated that he and his client do not agree with Mr. Lea’s comments and observations. Mr. Gotto referred to the information he submitted at the last Planning Board meeting which addressed these comments and observations. Mr. Gotto also stated that he had adhered to the guidelines and submitted 3 versions of this proposed project. There was continued discussion between the Planning Board Members, Mr. Lea and Mr. Gotto regarding in which direction this project should proceed.

Mr. Lavoie left the Planning Board meeting at 8:01pm.

There was continued discussion as to whether this plan should be continued as an open space subdivision. There was a suggestion made to set aside lot 7. Mr. Gotto stated that the proposed plan meets all of the standards and the comprehensive plan. There was continued discussion regarding traditional and open space plans. There was then a discussion whether the standard Section 5.1.C had been met. There was then a discussion regarding the conservation of forest land. Again discussion ensued regarding setting aside lot 7. After continued discussion Ms. Twitchell, Mr. Nickerson and Mr. Mark Morris agreed that the Open Space Subdivision requirements had been met. Mr. Gotto then referred to the proposed plan. There will be 12 lots. Lots 7 through 12 will be back lots, not roads. The lots all meet the 250 foot circle requirement. Some building envelopes have been provided, there will be some deed restrictions, lot 7 cannot be further divided, and there will be no town roads. Mr. Gotto stated that he is not requesting any waivers. There was then a discussion regarding driveways. Mr. Gotto stated that a turnaround is not being proposed, but the Fire Chief will be asked for his opinion on a turnaround. There was then a short discussion regarding deed restrictions. It was agreed upon that the next step would be the submission of the application form and the application checklist. It was agreed by the Planning Board Members that the preferred plan is the open space subdivision plan. Again there was a short discussion regarding driveways.

Mr. Maloney has now returned to the hearing of the balance of the Planning Board meeting.

4 NEW BUSINESS:

None.

5 OTHER BUSINESS

It was agreed upon by all that there is an opening for a new Planning Board Member. It was suggested that Mr. R. Edward Morris send a letter to the Board of Selectmen regarding this opening. Ms. Wilcox agreed to Email Mr. R. Edward Morris with this request from the Planning Board.

6 CEO REPORT

There was a short discussion regarding where the silt fences had been placed at Mr. Guptill’s site. There was also a short discussion regarding the PACE Ordinance.

7 REVIEW OF THE MINUTES FROM JULY 14, 2010

Ms. Twitchell made a motion to accept the Minutes from the July 14, 2010 Planning Board meeting. Mr. Nickerson seconded the motion. The Board Members voted 3 in favor and 1 abstention to accept the July 14, 2010 Planning Board Minutes. Ms. Imber abstained from voting because she was not present at the July 14, 2010 Planning Board meeting.

8 REVIEW OF PLANNER ESCROW

Mr. Williams stated that Patron Properties should be refunded $2,382.00. Ms. Twitchell made a motion to refund Patron Properties $2,382.00. Mr. Nickerson seconded the motion. The Board Members voted unanimously to refund Patron Properties $2,382.00.

9 OTHER ITEMS NOT ON THE AGENDA

The question was asked where the Hannaford project stood. Mr. Maloney stated that both parties had agreed to not having a trial and that a judge should read all of the briefs and make a decision.

10 ADJOURNMENT

Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 9:02pm.

Respectfully submitted by

Karen Wilcox

Recording Secretary