Town of Turner, Maine

Planning Board Minutes

May 9, 2007

1 CALL TO ORDER

Chairman, Jeffrey Timberlake called the meeting to order at 7:01pm. Those Members present were Mr. Timberlake, Margaret Imber, Ray Lavoie, R. Edward Morris, Shirley Twitchell, Mark Morris and Roy Nickerson. 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 HEARINGS:

A MAJESTIC HEIGHTS SUBDIVISION

Mr. Timberlake opened the Public Hearing at 7:02pm.

Mr. Darryl Brown of Main-Land Development Consultants, Inc. is representing this project this evening. Wauregan Farm and Exports own this property. Mr. Bruce Smith is the President and Sole Shareholder of this property. Mr. Brown stated that this subdivision would be 9 lots located on Lower Street and Bryant Road. The lots will range in size from approximately 1.85 acres to 4.72 acres. Mr. Brown stated that all of the soils had been tested and that a complete package including a storm water plan had been distributed to the Board Members. Ms. Nancy Jordan, an abutter, asked Mr. Smith if these homes were going to be built by Habitat For Humanity specifically to house the Somalian population. Mr. Smith stated that Habitat For Humanity has never contacted him. Mr. Brown then continued his presentation stating that since the approval of the original subdivision one of the lots in that original subdivision had been sold. This lot has never been developed. Ms. Jordan then stated she had concerns regarding water problems on her property appearing to be caused by a nearby brook. Mr. Warren Palmer, an abutter, reiterated Ms. Jordan's concerns. Mr. Brown stated that Mr. Tom DuBois of Main-Land Development Consultants, Inc. has responded to the storm water issues and has done the storm water designs according to the Best Management Practices dictated by the DEP.

Mr. Timberlake closed the Public Hearing at 7:10pm.

B. RAJATHON COMMERCIAL SUBDIVISION

Mr. Timberlake opened the Public Hearing at 7:11pm.

Mr. Jan B. S. Wiegman, P.E. of Sebago Technics is representing this project this evening. This property is owned by R Murray Enterprises, LLC. Mr. Wiegman stated that this property is 21 acres, which is located north of the Northland Plaza on Route 4. This proposal is for a 3 lot commercial subdivision. There is a proposed road, which will be called Stage Coach Drive. Mr. Wiegman also stated that there is a storm water pond already on the site.

Mr. Timberlake closed the Public Hearing at 7:13pm.

3 OLD BUSINESS:

A C N BROWN REVISED SKETCH PLAN

Mr. Williams stated that this project no longer needs Planning Board approval since the new proposal is to only remodel. The size of the building will not increase by more then 30%. Mr. Williams also stated that moving the gas pump(s) back is nonconforming now but will not cause any additional non-conformance. Mr. Timberlake stated that he is concerned about the safety of the 2 driveways/entrances, especially the access on and off of Route 4. Mr. Williams stated that the plan shows the requirements from MDOT for these driveways/entrances. There was a discussion regarding the possibility of only 1 entrance and MDOT backing this request. Mr. Williams stated that having only 1 entrance could cause not enough movement around the gas pumps. Mr. Timberlake stated that he felt Mr. Williams could visit this site to determine if there were any safety issues. Mr. Maloney then stated that the proposed car wash had been removed from this plan. There was continued discussion regarding having only 1 entrance and to reiterate these concerns of the Planning Board to MDOT by Mr. Williams.

B JASON BERRY-LANDSCAPE GARAGE/SITE WALK REPORT

Mr. Maloney stated that he, Ms. Twitchell, Mr. Ed Morris, Mr. Mark Morris, Mr. Lavoie and Ms. Imber attended the site walk. The Board Members agreed that removing the hill could cause serious erosion problems and that parking in the 60-foot right of way could also be a problem. The Board Members agreed that these issues would be addressed when additional plans are submitted.

NEW BUSINESS:

A MAJESTIC HEIGHTS SUBDIVISION-PRELIMINARY

Mr. Darryl Brown of Main-Land Development Consultants, Inc. is representing this project this evening. Mr. Maloney stated that this project was previously approved on 12/10/2003. This project lapsed because there was no significant construction done on this site. Mr. Maloney stated that a site walk had been taken last year on 04/22/2006. Mr. Brown stated that the only change from the previously approved subdivision was that lot # 1 had been sold. Mr. Maloney then reviewed the Application Completeness Checklist for a Major Subdivision-Preliminary Plan. Mr. Maloney stated that items 1 through 45 had been completed. Ms. Twitchell made a motion to find the Application Completeness Checklist for a Major Subdivision-Preliminary Plan as complete. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Maloney then reviewed the Application Completeness Checklist for Street Construction. Mr. Maloney noted that Item 6 should state should be paved and that a curve radii for Item 17 is needed. Ms. Twitchell made a motion to find the Application Completeness Checklist for Street Construction as complete. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Ed Morris asked if the radius for the school bus turnaround was sufficient. Mr. Timberlake suggested that the school board be asked to confirm what is required. Mr. Brown stated that the road is approximately 1,000 feet long. There was then a discussion regarding lots 4 and 5 sharing a driveway and which map was correct. There was then a discussion regarding a provision for the snowmobile trail. Mr. Ed Morris will speak with the applicant regarding the snowmobile trail. There was then some discussion regarding the size of the culverts on lot 9. It appears there is a need for the culverts to be calculated. Mr. Maloney then reviewed the Preliminary Plan Subdivision Approval with the Conditions of Preliminary Approval. Mr. Maloney stated that this subdivision is for 9 lots. Mr. Timberlake asked Mr. Maloney to address the issue presented by the abutters with regards to the water issue. Mr. Maloney stated that the road has been moved up and shortened up. The water will now be delineated towards the east to a level lip spreader for distribution. Mr. Timberlake added that this would even out the water flow. Mr. Maloney then stated that part of this original subdivision was to be seeded. The applicant agreed to seed this area. Mr. Maloney then reviewed the Conditions of Approval 1 through 12. Mr. Maloney stated that a new Condition would be added to address the bus turnaround issue. Mr. Timberlake then mentioned that there needs to be some communication with the Fire Chief to ascertain what fire extinguish measures need to be taken. Mr. Timberlake then stated that he would ask the town to speak to the school board and the Fire Chief regarding the above-mentioned issues. Ms. Twitchell made a motion to accept the Preliminary Plan Subdivision Approval with Conditions 1 through 12. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

B RAJATHON COMMERICAL-PRELIMINARY

Mr. Timberlake stated that he is very good friends with Mr. Murray and felt he should leave the Board table. The Board Members agreed. Ms. Twitchell stated that she is an abutter and has also sold some property to Mr. Murray. Ms. Twitchell asked the Board Members if she should leave the Board table. The Board Members all agreed that Ms. Twitchell should remain at the Board table.

Ms. Imber is now chairing this evening meeting.

Mr. Jan B. S. Wiegman, P.E. and Mr. Mike Gotto from Sebago Technics are representing this project this evening. Mr. Maloney reviewed the Application Completeness Checklist for a Major Subdivision. After some discussion on some of the items Mr. Maloney felt the application ws complete. There was a comment made that on Item 44, Traffic Impact Analysis, the traffic entrance permit is now for 99 trips. When additional lots are sold further review will need to be done by the Planning Board regarding this Item. Mr. Ed Morris asked if there would be a connection to Route 4 and the Northland Plaza. The answer was, yes. 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 Application Completeness Checklist for Street Construction. Mr. Maloney stated that the scale of the plan should be 1" = 50' horizontal and 1" = 5' vertical. This plan was submitted with a scale of 1" = 40' horizontal and 1" = 4' vertical. Mr. Maloney suggested that this item could be waived. The question was asked whether the utilities would be underground or overhead. The answer was underground. Mr. Maloney suggested that Item 21 could be waived but that this requirement would be needed for the Final Plan. Ms. Twitchell made a motion to waive Items 5 and 21. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Ms. Twitchell made a motion to find the Application Completeness Checklist for Street Construction as complete with waivers for Items 5 and 21. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Maloney then stated that the applicant would like specific waivers on this application. The first request was for a reverse tangent line from 200 feet to zero. Mr. Wiegman explained what this actually meant to the Board Members. It was a geometry lesson. Mr. Maloney then stated that the applicant is proposing a hybrid street and that a waiver was being requested to not construct an industrial street as required in the town ordinance. Mr. Wiegman then explained what type of street construction could be used for a commercial development to the Planning Board. An industrial street is 34 feet paved with 5-foot shoulders. The proposed hybrid street is 28 feet paved with 5-foot shoulders. A collector street is 24 feet paved with 3-foot shoulders. Mr. Wiegman stated that the low volume of the street, which would be relatively straight, could support the 28 feet paved street. Mr. Mike Gotto stated that the collector street does meet the standards. After some discussion regarding the collector street Mr. Gotto stated that the hope is 1 lot will be the future home of Murray Oil, 1 lot will be for truck maintenance and that the front lot will be for retail. There was then some discussion regarding the industrial road. Mr. Gotto stated that he does not believe 20 acres, which 3 lots will encompass, in a rural setting negates a 34 foot paved road. There was continued discussion regarding what type of road should be constructed. It was agreed upon by all that part of the road would meet the industrial standard and part of the road would meet the hybrid standard. There was then some discussion regarding radii and driveways. Mr. Gotto then explained the detention pond. Mr. Maloney then asked that some additional wording be added to the covenants. This wording deals primarily with the detention pond and drainage. Mr. Maloney suggested that the waivers could be done this evening or at the next meeting. The Planning Board decided that they would like the requested waivers in writing for justification before actually waiving anything. After the written justification has been submitted the Planning Board is leaning in the direction to waive the reverse tangent from 200 feet to zero and the proposed industrial road beginning at 34 feet wide to the intersection at station 300 where it will become 28 feet wide. The Board Members also asked for the detail sheets from the DEP for the storm water application. Mr. Maloney then stated that he had prepared Conditions for Preliminary and Final Approval.

Recess taken at 8:20pm, returned at 8:30pm.

Mr. Timberlake returned to the Board table and is now chairing this evenings meeting.

4 OTHER BUSINESS:

A PUD ORDINANCE PROVISIONS

Mr. Maloney gave a handout to the Planning Board Members for their review.

B TURNER VETERANS MEMORIAL PARK ORDINANCE

Mr. Maloney stated that Mr. Paul Bernard has requested an ordinance be enacted to allow a Veterans Memorial Park in Turner. The question arose as to who is responsible for developing this ordinance, The Selectmen or the Planning Board. After some discussion it was determined that Ms. Imber will review the requirements submitted by Mr. Bernard and after her report back to the Planning Board this request will be passed on to the Selectmen.

C WILSON BLUFF UPDATE

Mr. Timberlake stated that Mr. Fortin wants to have permission to launch a skid steer to repair the meandering path and spill ways with gravel and small rock. After some discussion it was agreed upon by all to grant the permission. Mr. Timberlake and Mr. Williams agreed to inspect this site during this repair process. Ms. Twitchell made a motion to grant permission to launch a skid steer on the upper portion of the path to repair the lower parts below the spreader bars. Ms. Twitchell's motion also included the following: Upon completion an engineer hired by the town must inspect and verify that these repairs have been completed to town standards. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

D FORTIN DRIVE-DISCUSSION

Mr. Maloney suggested that the verification of the engineer hired by the town inspect this road before final approval. The Planning Board Members agreed with Mr. Maloney. Mr. Williams will make arrangements for the engineer to inspect this road.

5 REVIEW OF PLANNER ESCROW

No action required.

6 MINUTES FOR APRIL 11, 2007

Ms. Twitchell made a motion to accept the April 11, 2007 Minutes. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the April 11, 2007 Minutes.

7 CEO REPORT

No action required.

Mr. Ed Morris asked if the Rodney Guptill business was in compliance. Mr. Williams stated that the day this property was inspected it was found to be in compliance. Mr. Williams then stated that if it were found to go out of compliance this business would be shut down immediately.

8 ADJOURNMENT

Motion made by Mr. Timberlake for adjournment, unanimously accepted. The meeting adjourned at 9:47pm.

Respectfully submitted by

Karen Wilcox

Recording Secretary