Town of Turner, Maine
Vice Chairman, Margaret Imber called the meeting to order at 7:05pm. Those Members present were Ms. Imber, Shirley Twitchell, Roy Nickerson, R. Edward Morris, Ray Lavoie and Mark Morris. Planner, John Maloney was present this evening. CEO, Roger Williams was present this evening. There were also several persons with interest in items on the agenda in attendance. Chairman, Jeffrey Timberlake arrived at 7:07pm.
Ms. Twitchell made a motion to accept the Minutes from July 18, 2007. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the Minutes from July 13, 2007. It should be noted that this agenda item was taken out of order.
Mr. Williams stated that Ms. Kelly Walton had been issued a letter of violation for having too many horses on her property. Mr. Williams stated that these horses would have to be removed from the property. It should be noted that this agenda item was taken out of order.
Mr. Timberlake is now chairing this evenings meeting.
4 OLD BUSINESS:
Mr. Maloney stated that this item was not discussed at the Workshop meeting. Attorney John Conway is representing Mr. Carver this evening. Mr. Conway addressed the Planning Board and stated that this lot has a deeded Right of Way. Mr. Conway also stated that his research revealed that Little Wilson Pond Road was deemed a discontinued road in 1941 and that it then became a private way with public access. Mr. Conway also stated that the town does not maintain this road and that anyone in the public can use this road. The discussion then turned to having a maintenance agreement to maintain this road. This maintenance agreement would comply with the Town Ordinance. There are already a number of homes on this road, using this road with no maintenance agreement. Mr. Maloney then referred to a letter he had drafted for Mr. Carver to send to all of the abutters. There was then a discussion regarding sending “this” letter certified. The discussion then turned to setting a time frame for the abutters to respond to this letter. Mr. Timberlake suggested that the abutters should have 30 days to respond to this letter. There was continued discussion regarding the Town Ordinance and a road maintenance agreement. Mr. Timberlake then read Section 8-20. There was then continued discussion regarding public easements. Mr. R. Edward Morris asked if the town enforces the maintenance agreement. The answer was, no. There was then continued discussion regarding what the wording of the letter to the abutters should contain. There was also some discussion regarding liability issues. There was then a discussion regarding a non-conforming Right of Way. Then there was some discussion regarding the wording of the road maintenance agreement. This discussion encompassed the possibility of Mr. Carver only being responsible for the maintenance of the road from the town road to his driveway. It was also discussed that Mr. Carver can maintain the road to his standards and satisfaction. It was agreed upon by all that Mr. Carver would maintain the road from the town road to his driveway and to his standards. Ms. Imber then made a motion to direct Mr. Carver to send a letter to all of the residents that live before and after his lot indicating that the maintenance to the roadway will be done to his standards and that the town will grant a permit if no one responds to the town within 30 days. Mr. Lavoie seconded the motion. After some discussion Ms. Imber amended her motion to include if there were any objections to this maintenance agreement by the property owners that these objections be heard at the September 12, 2007 Planning Board meeting and that Mr. Carver must have said letter sent no later then August 29, 2007. A copy of this letter must also be sent to the town. Mr. Lavoie seconded the amended motion. Mr. Maloney and Mr. Conway agreed to work together to compose this letter. The Board Members then voted unanimously.
B FORTIN WAY
Mr. Timberlake read a letter from Robert L. Prue who is a P.E with regards to Fortin Way. Mr. Prue recommended that some stone be removed and replaced with base gravel, in accordance with the Ordinance. Mr. Prue also recommended that a new layer of crushed base gravel properly graded and crowned at ¼” per foot be installed. The Board Members agreed that the Findings of Facts would not be signed until the approval of the Engineer was received. Ms. Twitchell made a motion that the Findings of Facts would not be signed until the approval of this road by an Engineer was met. Ms. Twitchell also added to her motion that a letter stating that the Findings of Facts would not be signed should be sent to Mr. Fortin and the Road Commissioner. Mr. Lavoie seconded the motion. The Board Members voted unanimously.
C ANDROSCOGGIN RIVER BOAT ACCESS
Mr. Timberlake stated that he had nothing to report.
5 OTHER BUSINESS:
A PUD ORDINANCES
Mr. Maloney distributed the proposed Amendment for the Planned Unit Development Standards. Mr. Maloney then reviewed these Standards. There was then a discussion regarding Page 3, c. with regards to 10 acres. There was then some discussion regarding Page 1, 3. and Page 3, C. c. Mr. Timberlake stated that these items would be discussed as a workshop at the conclusion of this evening’s meeting.
No action required.
7 ADJOURNMENT
Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 8:30pm.
Respectfully submitted by
Karen Wilcox
Recording Secretary