Town of Turner, Maine

Planning Board Minutes

February 21, 2007

FOR THE RECORD THE REGULARLY SCHEDULED MEETING OF FEBRUARY 14, 2007 WAS NOT HELD DUE TO INCLEMENT WEATHER

1 CALL TO ORDER

Chairman, Jeffrey Timberlake called the meeting to order at 7:18pm. Those Members present were Mr. Timberlake, Margaret Imber, Ray Lavoie and R. Edward Morris. Board Members Roy Nickerson, Shirley Twitchell and Mark Morris were not present. 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.

2 PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENTS

Mr. Timberlake opened the Public Hearing at 7:19pm.

Mr. Maloney reviewed the proposed Ordinance Amendments. A copy of these proposals will be attached to the Minutes as the Public Record. Mr. Chuck Dunn asked about the new Village Area specifically on the Plains Rd. Mr. Maloney explained this change. Mr. Timberlake stated that this area would be changed back to the way it was before the last zoning changes. Mr. Dale Talbot had questions regarding the Village Zone and the Resource Protection Zone, primarily with regards to his property. Mr. Timberlake stated that the Resource Protection Zone boundary line was determined some 10-15 years ago. Mr. Maloney also stated that the 100-year flood plain was also a factor in determining the Resource Protection boundary line. There was then a lengthy discussion between Mr. Maloney and Mr. Talbot regarding the Resource Protection and the Village District. There was a discussion regarding the notes, which were on the Zoning Map. All agreed that these notes would not be removed. Mr. Timberlake stated that the concerns Mr. Talbot has have been discussed on at least 5 different occasions. Mr. Timberlake then stated that nothing would change at this time. Ms. Lou Decker then addressed the Planning Board and stated that she does not want a portion of her property zoned commercial. Ms. Decker stated that she wanted to build another home but some issues have risen regarding building on this property. It appears there are now DEP issues coupled with the snowmobile road and right of way issues. Mr. Timberlake stated that Ms. Decker and Mr. Williams need to work out these issues. There was then a discussion about the road being brought up to town standards if more dwellings were constructed in the future. There was also a discussion about the possibility of Ms. Decker filling out paperwork to have the piece of property changed to residential the next time zoning changes are made.

Mr. Timberlake closed the Public Hearing at 7:59pm.

Mr. Timberlake opened the meeting for regularly scheduled business at 7:59pm.

Ms. Imber made a motion to approve the Proposed Ordinance Amendments. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

3 OLD BUSINESS:

A WILLIAM MYRAND-SITE AMENDMENT #1

Mr. Maloney stated that this amendment is regarding the construction of a second driveway. The approval of this amendment was postponed from the last Planning Board meeting because Mr. Myrand was not in attendance. Mr. Myrand is also not present this evening. Mr. Maloney stated that he has spoken to Mr. Myrand and Mr. Myrand agrees to the Findings of Fact and Conditions 1 through 4. Mr. Maloney then read Conditions 1 through 4. Ms. Imber made a motion to approve Amendment #1 and to accept the Findings of Fact with Conditions 1 through 4. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

A recess was taken from 8:02pm until 8:05pm

4 NEW BUSINESS:

A CN BROWN-SITE REVIEW SKETCH PLAN

Mr. Thomas Saucier of SYTDesign Consultants is representing this project this evening. For the record the existing site is the Big Apple Service Station and Convenience Store located on Route 4. Mr. Saucier addressed the Planning Board and stated that the existing service station and store located on Route 4 would be demolished. There will be a new canopy constructed. This canopy will be moved back further from the existing canopy. A new 4,000 square foot store will be constructed. There will be 6 gasoline-fueling positions and a separate diesel and kerosene fueling area. A car wash will also be constructed. Mr. Saucier also stated that CN Brown is in negotiations with abutter Mr. James Hanson to resolve some property issues. Mr. Saucier also stated that there are no proposed new entrances. An entrance permit has been filed with MDOT. There will be 16 parking spaces. The existing well will still be used. The installation of public restrooms is being investigated. A new sub service wastewater disposal system will be installed. The car wash will recycle the water and holding tanks will hold the dirty water. There was then some discussion regarding the increase of impervious surface and phosphorous treatment. Mr. Timberlake then reviewed a list of concerns that Mr. Maloney has prepared regarding this project. These concerns are as follows: The Planning Board would like only 1 entrance. The possibility of stacking issues at the fuel and diesel islands. Parking-the 6 spaces for fueling do not count towards total parking spaces. There were also some concerns regarding the car wash. Mr. Saucier stated that there would be heated pads at the end of the car wash and that French drains would be installed. Mr. Timberlake brought up the point of having enough room to service trailer trucks. It was stated that the fuel containers would now be underground. Mr. Timberlake stated that he would like to see a containment tank installed for spills. Mr. Morris asked about paving. Mr. Saucer stated that the whole area would be paved and that there would be approximately 3 feet of green space. The Board Members then agreed that they would like to see Fern Street squared off.

B RICHARDSON ENTERPRISES

Mr. Mike Gotto of Sebago Technics is representing this project this evening. Mr. Gotto addressed the Planning Board and stated that this property is located off Route 4 adjacent to Martin Stream. Mr. Gotto explained that a garage has already been constructed on a concrete slab. Mr. Gotto then explained the possible layout for an Auto Sales office and vehicle display area. There was then a lengthy discussion regarding the Shore Land Zoning issues evolving around this project. Part of this property lies in the Shoreland Zone. There was also a discussion regarding accessory structures. Mr. Imber stated that building the slab then the garage and then the business is really not the way to proceed. It was then stated that a house could be built on this property. Mr. Maloney agreed that the Shoreland Ordinance allows a house to be constructed but that a commercial use is not permitted in a Shoreland Zone. There was then a discussion regarding accessory use. Ms. Imber stated that she believes an accessory use should be connected to a preexisting business. This garage is an accessory to what? There is no primary use now. Ms. Imber then stated this process is moving backwards against clear language in the ordinance. There was then a discussion regarding Shoreland Zoning and Martin Stream. There was then a discussion regarding Commercial Zoning and Shoreland Zoning. Mr. Timberlake then stated that the Planning Board could not agree to any waivers however the Planning Board can make interpretations of the Ordinances. Mr. Timberlake then read Page 8-1 Accessory Structure and Page 8-17 Principal Structure to everyone. There was then some discussion about the possibility of changing the Shoreland Zoning. This process would have to be voted upon at the 2008 Town meeting. There was then some discussion regarding Home Occupation. There was then a discussion regarding the fact that a state law mandates that every used car lot has to have a garage in order to do business. After some continued discussion Ms. Imber and Mr. Morris agreed that they were uncomfortable to allow this commercial use. Mr. Timberlake stated that a building permit was issued for a residential garage to be built and that a house could be built on this property. Mr. Timberlake also stated that this Shoreland Zoning has been in effect since the 70's. The Board Members agreed that this project could not proceed at this time.

C DEVELOPMENT SERVICES INC.

It was agreed upon by all that the letter presented this evening by Mr. Williams regarding this bankruptcy is just an FYI for the Board Members.

5 OTHER BUSINESS:

NONE

6 MINUTES FOR JANUARY 10, 2007

Ms. Imber made a motion to accept the January 10, 2007 Minutes. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the January 10, 2007 Minutes.

7 CEO REPORT

No action required.

8 REVIEW OF PLANNER ESCROW

No action required.

9 ADJOURNMENT

Motion made by Mr. Timberlake for adjournment, unanimously accepted. The meeting adjourned at 9:25pm.

Respectfully submitted by

Karen Wilcox

Recording Secretary