Town of Turner, Maine

Planning Board Minutes

January 10, 2007

1 CALL TO ORDER

Chairman, Jeffrey Timberlake called the meeting to order at 7:05pm. Those Members present were Mr. Timberlake, Margaret Imber, Shirley Twitchell, Mark Morris, Ray Lavoie and R. Edward Morris. Board Member Roy Nickerson was 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.

For the record the Minutes will reflect the order of business discussed. Most agenda items were taken out of order.

2 PUBLIC HEARING - FORTIN STREET CONSTRUCTION

Mr. Timberlake opened the Public Hearing at 7:06pm. Mr. Rob Farrington is representing Mr. Fortin this evening. Mr. Farrington stated that Don and Cindy Fortin's relatives are building a house, which was using a common driveway. Since this will be a third house there is a need to construct a private driveway and to extend the private street 250 feet. Seeing no one from the Public with any questions, Mr. Timberlake closed the Public Hearing at 7:08pm.

3 OLD BUSINESS:

A WILLIAM MYRAND-SITE AMENDMENT

Mr. Maloney stated that on December 13, 2006 the applicant submitted a revised site plan. The revisions to the site plan designated additional off street parking areas and an access route to the applicant's lot to the north. The proposed access route would be located to the rear of the garage crossing a steep slope to reach the applicant's second lot. The applicant indicated the access would be used to reach a storage building that would be constructed some time in the future. The applicant provided cross sections of the proposed access route that included stone ditching and seeding. The applicant also verbally requested to increase the entrance width from a maximum of 30 feet to 40 feet. Mr. Maloney then stated that the Planning Board also conducted an on site inspection on December 16, 2006. There was some discussion regarding an entrance width of 30 to 40 feet. After some additional discussion among the Board Members it was decided that since Mr. Myrand is not present this evening that this item should be tabled. The Board Members agreed that some communication is needed regarding the width of the driveway to and from the applicant.

B WILDERNESS RUN PHASE II-FINDINGS OF FACTS

Mr. Mark Morris left the Board table.

Mr. Mike Gotto of Technical Services, Inc. is representing this project this evening. Mr. Gotto stated that upon the advice of Mr. Morris's attorney some changes have been made to the Plan and Declarations. Phase II and I will refer to the open space as common area. Also in Phase II Lots 11, 12 and 13 will be included in the Declaration of Covenants and will also be included as members of the association. Lot 14 will not be included in either of these areas. Lot 14 will be limited to 1 home, no further division of this lot will be allowed with out Planning Board approval. Mr. Gotto then requested that the verbiage regarding the driveway easements on lots 12 and 13 be added as Conditions 10 and 11 in the Findings of Facts and Conclusions of Law. Mr. Maloney and the Planning Board agreed that these Conditions should be added. Mr. Maloney stated that the original approval should be amended to include Conditions 10 and 11. Ms. Twitchell made a motion to amend the approval of the Findings of Facts and Conclusion of Law that were accepted at the December Planning Board meeting to now include Conditions 1 through 11 and Other Conditions 1 through 4. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Gotto stated that he would like to review the Findings of Fact and Conclusion of Law before proceeding any further this evening.

Mr. Mark Morris returned to the Board table.

C SANDY BOTTOM ESTATES-PRELIMINARY APPROVAL

Mr. Rick Valentine of Survey Works, Inc. is representing this project this evening. Mr. Valentine stated that this project is still waiting for DEP approval. The lots and road have not changed from the original submission. Mr. Valentine stated that a Nitrate Study and a Soils Study have been requested. Mr. Valentine stated that he anticipated these processes taking and additional 30 to 45 days for completion. Mr. Maloney then stated that the Preliminary Plan was found complete on March 6, 2006. Mr. Valentine then clarified that there are 49 original sites and that this plan called for the addition of 19 sites. Mr. Maloney then reviewed Conditions 1 through 10 and Other Conditions of Approval 1 through 3 for Preliminary Plan Subdivision Approval. Mr. Timberlake then suggested adding Condition 11 with regards to the Fire Chief evaluating the potential for a dry hydrant. The Planning Board agreed. Ms. Twitchell made a motion to approve the Preliminary Plan with Conditions 1 through 11 and Other Conditions of Approval 1 through 3. Mr. Lavoie seconded the motion. The Board Members Voted unanimously.

WILDERNESS RUNN PHASE II-FINDINGS OF FACTS continued

Mr. Mark Morris left the Board table.

Mr. Mike Gotto stated that in the Findings of Facts pages 8, 12 and 13 should read lot 14 instead of lot 1. Mr. Maloney and the Board Members agreed with Mr. Gotto. Ms. Twitchell made a motion to accept the Findings of Facts and Conclusion of Law for Amendment # 2-Phase II with Conditions 1 through 11 and Other Conditions of Approval 1 through 4 and with the change of reference of lot 1 to lot 14. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

Mr. Mark Morris returned to the Board table.

NEW BUSINESS

D FORTIN STREET CONSTRUCTION

Mr. Maloney reviewed the Application Completeness Checklist. Mr. Maloney stated that this street has already been constructed and suggested waiving items 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19 and 21. Mr. Maloney stated that Item 22 is not applicable. Mr. Rob Farrington who is representing Mr. Fortin will pay the application fee this evening. Ms. Twitchell made a motion to waive Items 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19 and 21. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Ms. Twitchell then made a motion to find the Application Completeness Checklist compete. Mr. Lavoie seconded the motion. The Board Members voted unanimously. Mr. Maloney then reviewed the Findings of Facts and Conclusions of Law with Conditions 1 through 4. There was some discussion regarding Condition 3. It was determined that Condition 3 was indeed appropriate as written. There was then some discussion regarding the inspection of this road. It was agreed upon by all that the Findings of Facts and Conclusion of Law would not be signed by the Planning Board Chairman until the road was inspected and approved. Ms. Twitchell made a motion to accept the Findings of Facts and Conclusion of Law with Conditions 1 through 4. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

E THE SHIRE SUBDIVISION-ROAD CHANGES

Mr. Dale Talbot addressed the Planning Board and stated there would be some changes to the grading of the proposed road. Mr. Talbot stated that this change would allow for better access to lots 1 and 9. Mr. Talbot also stated that he needed a town provided licensed PE as soon as possible to inspect the construction of the road and to make sure the road is being constructed according to the plan. Mr. Timberlake stated that he and Mr. Catlin have been working together to hire a licensed PE. Mr. Timberlake stated that the intention was to hire a licensed PE ASAP. The Planning Board felt that the changes to the road construction did not warrant any action by the Planning Board. There was then a short discussion on future town acceptance of this road.

OLD BUSINESS:

F TOWN OFFICE LETTER

The Board Members agreed that no action was necessary.

G WILSON BLUFF

Mr. Williams addressed the Planning Board and stated that there was a breach in the overflow of water, which was causing water to flow into Little Wilson Pond. Mr. Williams also stated that a section of pipe and some rocks had been removed. It is believed that the removal of these items along with the packing of clay will help alleviate this problem. There was then a lengthy discussion regarding the design of this project and how it was being constructed. The Planning Board Members agreed that there were multiple areas to blame for the enormous problems that have been caused at this construction site. Again Mr. Timberlake stated that a town hired licensed PE will over see this construction as soon as one is hired. The Board Members noted for the record that many hours were spent reviewing this project and that Mr. Fortin should have been aware of the problems that arose and that the resolution to these problems should have been addressed on a timelier basis. The Planning Board then agreed to allow Mr. Fortin to sell the 4 lots further from Little Wilson Pond.

NEW BUSINESS:

H RICHARDSON LETTER

The Board Members agreed that no action necessary.

4 OTHER BUSINESS:

A SCHEDULE PUBLIC HEARING-PROPOSED ORDINANCE

AMENDMENTS

The Planning Board agreed to hold a Public Hearing on February 14, 2007.

5 REVIEW OF PLANNER ESCROW

After reviewing the Planners Escrow Ms. Twitchell made a motion to refund Wilderness Run Phase II $245.00. Mr. Lavoie seconded the motion. The Board Members voted unanimously.

6 MINUTES FOR DECEMBER 13, 2006

Ms. Imber asked Ms. Wilcox to make a change to page 4. Ms. Wilcox agreed to make said change. Ms. Twitchell made a motion to accept the December 13, 2006 Minutes with said change. Mr. Lavoie seconded the motion. The Board Members voted unanimously to accept the December 13, 2006 Minutes with said change.

8 CEO REPORT

No action required.

9 OTHER ITEMS NOT ON THE AGENDA

None.

10 ADJOURNMENT

Motion made by Ms. Twitchell for adjournment, unanimously accepted. The meeting adjourned at 9:01pm.

Respectfully submitted by

Karen Wilcox

Recording Secretary