Town of Turner, Maine
FOR THE RECORD THE NEXT PLANNING BORAD MEETING WILL BE HELD ON JULY 18, 2007 AT 7:00PM
Vice Chairman, Margaret Imber called the meeting to order at 7:08pm. Those Members present were Ms. Imber, Ray Lavoie, Shirley Twitchell, and Roy Nickerson. Board Members R. Edward Morris and Mark Morris were not present. Chairman Jeffrey Timberlake arrived at 7:10pm. 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.
MINUTES FROM MAY 9, 2007
It should be noted that this agenda item was taken out of order. Ms. Twitchell made a motion to accept the May 9, 2007 Minutes. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the May 9, 2007 Minutes.
Mr. Timberlake is now chairing this evening’s meeting.
2 OLD BUSINESS:
Mr. Tom DuBois of Main-Land Development Consultants, Inc. is representing this project this evening. Mr. Maloney stated that he has revised the Preliminary Plan Subdivision Approval, which now includes Conditions of Preliminary Approval 1 through 14. Mr. DuBois then distributed a copy of a letter, which has been submitted to the town outlining the road construction bonding. Ms. Twitchell made a motion to accept the Preliminary Plan with Conditions 1 through 14. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the Preliminary Plan with Conditions 1 through 14. Mr. DuBois then stated that the ownership of this property had been documented. Mr. DuBois explained the drainage easement and the ditching of the level spreader. Mr. DuBois also explained the type and amount of the letter of credit. Mr. DuBois also stated that there had been some discussion regarding the snowmobile trail and that the applicant would fully cooperate with the Turner Ridge Riders. Mr. DuBois then reviewed the Conditions of Approval on the Plan (the Mylar), Conditions 1 through 11. There was then some discussion regarding the purchase of a dry hydrant for fire protection. Mr. Timberlake stated that this hydrant could possibly be located towards Meadow Brook, which is off of School House Hill Road. Mr. Timberlake stated that the cost for this hydrant could be approximately $1,000.00.There was then a discussion on the road construction. The concern of the Planning Board was the road connecting into a right of way. Mr. DuBois stated that the road would be built to town standards. Mr. Twitchell commented on another road connecting in the future. There was then some discussion regarding eminent domain. Mr. Maloney then stated that the Application Completeness Checklist for the Final Plan for a Major Subdivision appeared to be in order. There was then another discussion regarding the road construction-bonding letter. Mr. Smith, the applicant stated that he would post whatever bond was needed. Ms. Twitchell made a motion to accept the Application Completeness Checklist for a Major Subdivision as complete. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Maloney then reviewed the Findings of Fact for Final Subdivision Approval with Conditions of Approval 1 through 11 and Other Conditions of Approval 1 through 5. After some discussion it was agreed upon by all that Other Condition of Approval Number 5 will be revised to refer to the Home Owners Association. Other Condition Number 5 as it stands will become Other Condition Number 6 and Other Condition Number 7 with regard to Fire Protection will be added. There was then verbal testimony from the applicant that he would work with the snowmobile club. A representative from the snowmobile club stated that everyone had agreed to work together and that he was fine with the verbal testimony from Mr. Smith. Ms. Twitchell made a motion to accept the Findings of Facts for Final Subdivision Approval with Conditions 1 through 11 and Other Conditions 1 through 7. Mr. Lavoie seconded the motion. The Board Members voted unanimously.
B RAJATHON – COMMERCIAL SUBDIVISION
Mr. Timberlake stated that he is a friend of Mr. Murray; therefore he will leave the Board table.
Ms. Imber is now chairing this evening’s meeting.
Mr. Mike Gotto of Sebago Technics is representing this project this evening. Mr. Maloney reviewed what had taken place at the last Planning Board meeting. Mr. Maloney then stated that he had incorporated the requested waivers into the Preliminary Plan Subdivision Approval. Mr. Maloney then reviewed the Preliminary Plan Subdivision Approval and stated that the language referring to the waivers were in bold print. The first waiver is on page 3 with regards to storm water management. The second waiver is on page 4, Item E, with regards to the corner clearance. The third waiver is on page 4, Item G, with regards to the driveway on lot 3. Waiver #1 on page 5 refers to the reduction of the minimum required travel way width from 34 feet to 28 feet from Stations 3+00 to 9+17. Waiver #2 on page 5 refers to the reduction of the minimum centerline radius from 800 to 200 feet. Waiver #3 on page 6 refers to the reduction of the minimum tangents between curves of reverse alignment from 300 feet to 0 feet. Waiver #4 on page 6 refers to the reduction of the minimum right-of-way radius at the intersection of Route 4 and Stagecoach Drive from 20 feet to 0 feet. It was then agreed upon by all that the word deduction in the first paragraph on page 6 be changed to reduction. Mr. Maloney then reviewed Conditions of Preliminary Approval 1 through 3. It was determined that Condition 3 with regards to utilities was no longer needed. Ms. Twitchell made a motion to approve the Preliminary Subdivision Plan with Conditions 1 and 2 and to include the above-mentioned rewording. Mr Lavoie seconded the motion. The Board Members voted unanimously. There was then some discussion regarding a dry hydrant. There was then some discussion regarding the type and amount of the performance guarantee. Mr. Gotto then explained sketch 1 with regards to the turnaround/hammerhead and sketch 2 with regards to the wet pond and hydrant inlet. Mr. Gotto then stated that Mr. Murray and Ms. Leavitt, the Town Manager, have agreed to a $72,000.00 + 2% fee for the road construction. It was then stated that it is difficult for an owner to secure a bond. Realizing this, it was agreed upon that the sale of lots would be limited until an engineer approves the road. It was then agreed upon by all that any commercial development of these lots would need to be brought before the Planning Board for approval. There was then some discussion regarding the Performance Guarantees. Mr. Gotto referred to the Street Construction Ordinance, Section 10, and requested leaving all 4 options open to the applicant. Mr. Gotto then explained the phasing program for the development of these lots. There was additional discussion on the dry hydrant. Mr. Timberlake stated that the Fire Chief had looked at the dry hydrant proposal and that he was okay with the proposal. Mr. Maloney then reviewed the Conditions he had prepared for Final Approval. These Conditions of Approval were numbered 1 through 7 and Other Conditions of Approval 1 through 5. There was then some discussion regarding the limited development of 1 lot in accordance with the Street Construction Ordinance. It was then agreed upon by all that Other Conditions 6 and 7 should be added. Other Conditions 6 would state that there would be an installation of a dry hydrant by the applicant. Other Conditions 7 would state that the Storm Water Permit be issued before the Final Plan is signed. It was then agreed upon that if any material changed Ms. Imber would sign said documents. Ms. Twitchell made a motion to accept the Conditions of Final Approval 1 through 7 and Other Conditions 1 through 7. Mr. Lavoie seconded the motion. The Board Members voted unanimously.
Recess taken at 8:40pm, returned at 8:45pm.
Mr. Timberlake returned to the Board table and is now chairing this evening’s meeting.
3 NEW BUSINESS:
A DALE CARVER-LOT SERVED BY NON-CONFORMING RIGHT
OF WAY
Mr. Timberlake stated that this lot is served by a non-conforming right of way. This lot is a lot of record. Mr. Timberlake stated that in order for a building permit to be issued a Driveway Maintenance Agreement would need to be submitted. Mr. Carver stated that he has spoken to all of the neighbors and has not received a positive response from them regarding the maintenance of the common driveway. Mr. Carver stated that if need be he will take responsibility for the maintenance of the approximate 680-foot driveway. Mr. Timberlake stated that this was a lot of record, which existed before the current ordinance. Mr. Timberlake also stated that all of the property owners would need to sign the maintenance agreement. Mr. Timberlake suggested that Mr. Carver might want to have a discussion with his title insurance company. Mr. Carver again stated that if need be he would take on the full responsibility of the driveway maintenance. Mr. Maloney stated that the Driveway Maintenance Agreement statement will need to be submitted in recordable form and signed by all of the abutting property owners. There was then a discussion regarding the possibility of rescue not being able to provide rescue services if the driveway was not passable. Ms. Imber suggested that Mr. Carver should investigate using County Legal Services to assist him in writing the Driveway Maintenance Agreement.
Mr. Lavoie left the Planning Board meeting at 9:02pm.
4 OTHER BUSINESS:
A PUD ORDINANCE PROVISIONS
Not discussed this evening.
B TURNER VETERANS MEMORIAL PARK ORDINANCE
Ms. Imber addressed the Board Members and stated that she felt there was a great deal of legal issues regarding the enactment of this ordinance. Ms. Imber stated that she was all for a Memorial Park, but believed that this park should be a town public park. After some discussion the Board Members agreed to turn this item over to the Board of Selectmen for their review.
No action required.
See above.
No action required.
Mr. Maloney stated that the State was considering purchasing land off of Conant Road with the intentions of installing a boat launch. This boat launch would give access to the Androscoggin River. Mr. Maloney stated that a meeting would be held on June 22, 2007 in Augusta with regards to the Land Acquisition Proposals. There was a lengthy discussion regarding ATV’s frequenting the area in the vicinity of the proposed land purchase and reeking havoc. After continued discussion all of the Planning Board Members agreed that a letter should be written to the State documenting the concerns of the town. It was determined that someone needs to be present at the meeting that will be held on June 22. The Planning Board also agreed that that no proposals by the State should be agreed upon without Planning Board review. Mr. Timberlake stated that either he or Ms. Imber would attend the June 22 meeting.
8 ADJOURNMENT
Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 9:15pm.
Respectfully submitted by
Karen Wilcox
Recording Secretary