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Whitefield Planning Board Meeting Minutes
Town of Whitefield, Maine - Planning Board
Minutes of meeting held on December 16, 2009
Present: Christi Mitchell, Chair
Bob Bills
Steve Smith
Judy Maldovan, Recording Secretary
Absent: Beth Whitman
George Hall, Secretary
7:06pm – Meeting called to order by Chair Christi Mitchell; 3 members present constituting a quorum.
Upon motion duly made and seconded, it was VOTED (3-0) to approve agenda for tonight’s meeting.
Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on November 19, 2009. The Recording Secretary was asked to send a copy of minutes to Alison Truesdale, TRC Engineers, LLC.
LUKE DELANO RE: MCGEE TIMBER HARVESTING
Luke Delano present at meeting. Christi Mitchell, Chair, read letter of Planning Board addressed to Mr. Delano dated December 1, 2009). Whitefield does not have a 50-ft buffer requirement; Town is using State standards. Mr. Delano asked if the Town knows what perimeter McGee’s pit has or can it be determined so Mr. Delano can tell if McGee expands same. Mr. Delano was advised to contact Mark Stebbins at the Maine Dept. of Environmental Protection.
LEE RICHARDS, ROUTE 17, DEVELOPMENT APPLICATION
Mr. Richards previously indicated that he would attend this meeting. At 7:30pm it was noted that he was not present.
Upon motion duly made and seconded, it was VOTED (3-0) to take the remainder of the agenda out of order.
2010 BUDGET
Upon motion duly made and seconded, it was VOTED (3-0) to request $2,500 – same amount as 2009. The Chair will ask the Town to provide the Planning Board with accounting of monies spent to date.
MANUFACTURED HOUSING ORDINANCE
Discussion held concerning Town’s need for this Ordinance. Town’s regulations apply to units built after June 15, 1976; by federal statute towns are not allowed to regulate manufactured housing beyond 1976 standard; standard covers design and safety i.e. pitched roof, width of 14 feet or more and 750 sq feet per unit; towns cannot regulate manufactured housing by its manufacture date.
BUILDING PERMITS (ORDINANCE)
This item is not on the Agenda; requested by Selectmen. In two years (2012) towns will have to adopt State Building Code requiring building inspections. Current Notice to Build provides necessary information. Selectmen will be invited to future Planning Board meeting(s) to discuss.
SHORELAND ZONING ORDINANCE REVIEW
Committee did not meet. Christi Mitchell has asked Richard Baker of State Dept. of Environment Protection/Bureau of Land & Water Quality to come to a meeting of the Planning Board to look at what has been prepared as a draft map and ordinance. This meeting will be on January 6, 2010 at 5pm at town office. Paul Hoffman, Sheepscot Valley Conservation Assoc., draws maps – we provide info to do maps. Fee is $1,000 with 2 revisions then price goes to $1,500. Christi Mitchell will request Paul Hoffman to send to her via email a brief proposal and written estimate to take to the Selectmen on Monday. Bob Bills may prepare a proposal and written estimate for Christi Mitchell to present to Selectmen.
Upon motion duly made and seconded, it was VOTED (3-0) that the Chair will solicit proposals to submit to the Selectmen.
PUBLIC COMMENT
Bob Bills has spoken with Arthur Strout, Code Enforcement Officer, re: gravel pit application for Dunn house on Vigue Road. The pit is leased to someone who may want to reopen the gravel pit. Bob Bills told the person to come to the Planning Board meeting – no one came.
8:52pm – upon motion duly made and seconded, it was VOTED (3-0) to adjourn.
/s/ Christi Mitchell, Chair
PLANNING BOARD WORK SESSION
JANUARY 6, 2010
Present: Christi Mitchell, Chair
Beth Whitman
Bob Bills
Steve Smith
George Hall
Judy Maldovan, Recording Secretary
Richard Baker, State Dept. of Environmental Protection
Pat Jennings, Whitefield Appeals Board
5:18pm – meeting called to order by Christi Mitchell, Chair; all Planning Board members present. A copy of the State DEP Guidelines for Municipal Shoreland Zoning Ordinances was sent to all members of the Planning Board and Appeals Board for review. Notice of this work session was sent to all members of the Planning Board and the Appeals Board. Public notices were posted at the Town Office and North Whitefield Superette Store. Public hearing was tentatively scheduled for January 20, 2010 in order to place article on ballot for March town meeting. Because of not being able to meet time deadlines, public hearing will not be held on January 20th; article will not be placed on ballot for March town meeting; will be at State Election on June 8, 2010.
3. Applicability – Rich Baker said that now, if they choose, towns have the ability to regulate structures as stated in 15C (Piers, Docks, etc.); DEP does not regulate if temporary. Standards are in 15C Piers, Docks, etc. Applicant has burden of proof to meet standards. Dams would be included.
Upon motion duly made and seconded, it was VOTED (5-0) if a Planning Board member wants to vote on a specific item, a motion shall be made.
Motion made by George Hall, seconded by Christi Mitchell, to move to vote not to include this section in ordinance. Following discussion, George Hall withdrew his motion.
10. Interpretation of District Boundaries – Shoreland Zoning Map is final word in dealing with zoned boundaries not based on natural resources. Supreme Court has said “map rules”. Need to establish 3-4 categories of zoning boundaries to identify resource protection. Rich Baker said Planning Board cannot have authority to change map; have ability to interpret boundaries not shift boundaries. After much discussion, Bob Bills stated he’s getting “warm and fuzzy about this”.
6:25pm security alarm was accidentally set off; 6:31pm alarm disabled.
12C Non-Conforming Structures – 30% rule applies to both area and volume. Multiple town properties would be affected by this. Chair Christi Mitchell recommends that the Board look this over closely. Special expansion allowance if applicable is replanting.
12E(3) Contiguous Lots – 1973 to 1990 State minimum lot size required frontage was 100 feet and lot size 20,000 sq. ft.; 1990 state-wide shoreland zoning enacted; State grandfathers owners of 2 lots when size increased so they have 2 lots. Whitefield should refer to April 7, 1993 ordinance as the date by which previously existed lots had to be established in order to be grandfathered. Board recommends (a) each lot contains 150 feet of shore frontage and at least 1.5 acres; or (b) any lots that do not meet the frontage and lot size requirements of Section 12(E)(3)(a) are reconfigured or combined so that each new lot contains at least 150 feet of shore frontage and 1.5 acres.
13A(5) Establishment of Districts/land areas along rivers subject to severe bank erosion, undercutting, or river bed movement. Discussion.
15A(1) Minimum Lot Standards – Board recommended residential per dwelling unit; governmental, institutional, commercial or industrial per principal structure; and public and private recreational facilities = 1.5 ac minimum lot and 200 foot minimum shore frontage.
15A(5) – discussion on “clustered” housing.
15B(1) – if measurements are changed, State might reject; discussion on changing numbers; if this is adopted, have to set standards as guidelines.
15B(5) Retaining Walls – can or cannot adopt; applies to “new” retaining wall(s); can use provision that ‘retaining walls that are not necessary for erosion control shall meet the structure setback requirement’. Following discussion, decision will be made at later date.
Timber Harvesting Standards. State will not help enforce ordinance that differs from statewide standards. Can repeal provisions in Shoreland Zoning Ordinance and adopt State Standards which Dept. of Forestry will enforce.
16C Permit Application – will need to change language: “permit”; do not have permit.
16H(1)(a) Appeals – Pat Jennings will discuss this with the members of the Appeals Board and ask for their input in writing to present to the Planning Board by the middle of February.
8:22pm – Upon motion duly made and seconded, it was VOTED (5-0) to adjourn.
______________________________________
George Hall, Secretary
PLANNING BOARD
MINUTES OF MEETING HELD ON FEBRUARY 17, 2010
Present: Bob Bills
George Hall, Secretary
Steve Smith
Judy Maldovan, Recording Secretary
Absent: Christi Mitchell, Chair
Beth Whitman
7:22pm - meeting called to order by Bob Bills; 3 voting members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (3-0) to approve Bob Bills as Acting Chairperson.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the Agenda.
Upon motion duly made and seconded, it was VOTED (3-0) to table approval of minutes until after review of applications.
Whitefield Lions Club, Coopers Mills, Tax Map 24, Lot 9
Jeff Jewett, President of Whitefield Lions Club and Wayne Jones, Building Committee Chairman, were present on behalf of the Whitefield Lions Club. The Lions Club is a 501(c)(3) charitable organization. Notice to Build along with sketches and a photo were presented to the Board. The Lions Club is seeking permission to change the front entrance to the building in order to provide different handicapped access. The proposed ramp will be on the side of the building that faces the Sheepscot Valley Health Center. The building will be four (4) feet closer to the centerline of the road by the addition of a different entry; it will be forty (40) feet from the centerline. Adverse effects of other options that were considered: (1) door height would be higher on the back side; (2) ramp would be under drip edge of eaves; and (3) redefine parking lot/loss of parking spaces; (4) bring public in back entrance through furnace area; and (5) ledge on other side.
Following discussion, upon motion duly made and seconded, it was VOTED
(3-0) to grant a waiver of the Minimum Lot Size Ordinance, Section 4(B) to allow the building to be forty (40) feet off the centerline of the road. Applicant will receive a Finding of Fact letter and Waiver; Waiver will need to be recorded at the Registry of Deeds.
Lee Richards, 116 Augusta Road, Map 18, Lot 19
Lee Richards and Jason Potter, Professional Engineer, were present. The following portions of Mr. Richards’ Development Application were reviewed:
1a. Met
1b. Met: Applicant was asked to provide the Lincoln County Soils Report;
calculations were based upon appropriate soils type provided by
Engineer shown on Sheet C-1
1c. Met; tax map and lot no. of adjoining land owners provided on survey
1d. previously satisfied
1e. Met; results shown on Sheet C-2
1f. Met: (1) based upon proposed sketch; (2) photos showing adjacent
houses; photos of abutters provided; sketch of proposed building
provided; (3) drew McCrimmon house on site plan
1g. Modified: Arthur Strout, Code Enforcement Officer (CEO) needs to verify
that system has been upgraded to 680 gallons per day; Bob Bills will
contact CEO
1h. Met; 22 parking spaces; up to 22 employees plus apartment; trucks have
one entrance and one exit; customers have 2-way traffic; see State Dept.
of Transportation Driveway Entrance Permit
2a-d. Met: as indicated on Document No. 3
2e. Permit By Rule (PBR) and Board Order needs to be provided
2f. previously waived
2g. Met; PBR to be provided
2h. N/A
2i. previously satisfied
Application was accepted for processing with the condition that Applicant provides State Dept. of Environment Protection (DEP) erosion control plan(s) indicating that it meets standards. The Board accepted Applicant’s check no. 1686 in the amount of $120.03 as the fee for the Application. Planning Board will notify the abutters and consider the application for approval at the next regular meeting.
Upon motion duly made and seconded, it was VOTED (3-0) to accept the application as complete subject to the following conditions:
1. Confirmation of Arthur Strout, Code Enforcement Officer - revised
plumbing permit; and
2. DEP storm water PBR final paperwork.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the minutes of meeting held on January 6, 2010 with changes.
Upon motion duly made and seconded, it was VOTED (2-0-1 Steve Smith abstained) to approve the minutes of meeting held on January 20, 2010.
Upon motion duly made and seconded, it was VOTED (3-0) to hold a Special Planning Board Meeting on March 3, 2010 at 6:00pm at the Town Office to set the date for a public meeting on the Whitefield Shoreland Use Regulation Ordinance.
9:18pm - upon motion duly made and seconded, it was VOTED (3-0) to
adjourn.
George Hall, Secretary
PLANNING BOARD WORK SESSION
March 3, 2010
Present: Christi Mitchell, Chair
Beth Whitman
Bob Bills
Steve Smith
George Hall
Judy Maldovan, Recording Secretary
6:15pm – meeting called to order by Christi Mitchell, Chair; all Planning Board members present, constituting a quorum; meeting held at Town Office.
Elmer’s Barn, Coopers Mills, Map 22, Lot 4
Upon motion duly made and seconded, it was VOTED (5-0) to make no further changes to the map at this time and wait until a public hearing is held.
3. Applicability
Upon motion duly made and seconded, it was VOTED (4-0-1 Beth Whitman abstained) to not regulate Section 15 (C), Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below the Normal High-Water Line of a Water Body or Within a Wetland.
10. Interpretation of District Boundaries
Upon motion duly made and seconded, it was VOTED (5-0) to table discussion.
12(C)(1) Non-Conforming Structures, Expansions
Upon motion duly made and seconded, it was VOTED (5-0) to use standard 30% Expansion Rule.
12(E) Non-Conforming Lots
This applies to new construction on residential and commercial lots with 1.5 acres per dwelling unless it has been grand fathered. Upon motion duly made and seconded, it was VOTED (5-0) to change the minimum lot size back to 200 feet in Section 15(A)(a) (b) Land Use Standards, Minimum Lot Standards and design language for lots created prior to 1993.
15(O) Timber Harvesting
Upon motion duly made and seconded, it was VOTED (5-0) to adopt Option 1 (complete repeal of timber harvesting provisions from the Shoreland zoning ordinance).
15(O)(1)(a) Upon motion duly made and seconded, it was VOTED (3-0-2 Christi Mitchell and Beth Whitman abstained) to leave it the way it is.
15(O)(2)(b) Upon motion duly made and seconded, it was VOTED (5-0) to adopt subparagraph 15(O)(2)(b): timber harvesting operations exceeding the 40% limitation in Section 15(O)(2)(a) may be allowed by the planning board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this Ordinance.
7:46pm – upon motion duly made and seconded, it was VOTED (5-0) to adjourn.
/s/ George Hall, Secretary
Town of Whitefield, Maine
Planning Board
Minutes of Meeting held on March 17, 2010
Present: Christi Mitchell, Chair
Beth Whitman
Bob Bills
George Hall, Secretary
Steve Smith
Judy Maldovan, Recording Secretary
7:07pm - meeting called to order by Christi Mitchell, Chair; three members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield. Bob Bills and Steve Smith arrived later in meeting.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the Agenda.
Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on March 3, 2010 with one change.
Upon motion duly made and seconded, it was VOTED (3-0) to table approval of minutes of meeting held on February 17, 2010 until the end of this meeting.
Travis Abbott re: Avery Dunn Gravel Pit (Map 16, Lot 41): pre-development meeting to discuss re-opening of gravel pit located on Vigue Road. Christi Mitchell has shared a development application with Mr. Abbott. Mr. Abbott said that he will use the pit for personal use – not commercial use. He will not be selling gravel out of the pit. Size of the pit is 1.5 acres; no plans to enlarge. Mr. Abbott will maintain the 70-ft slope already placed there by Sam Snow. The Planning Board noted that the State DEP does not get involved under 5 acres. Christi Mitchell asked if the Planning Board needs to regulate this. Reference was made to Section 4A of the Development Ordinance noting that this gravel pit is already in existence. Christi Mitchell also asked if this is in a resource protection area. Steve Smith expressed concerns about the water table. It is noted that there is no ground water pit regulation for under 5 acres (Planning and Land Use Laws, Maine 2008) The Planning Board reviewed the original permit of Sam Snow and determined that the terms of the original permit are still in effect. Upon motion duly made and seconded, it was VOTED (4-0) to have the Code Enforcement Officer make a site visit.
Applicants are requesting permission for timber clearing. This property is not in a Resource Protection area, but may be in the future. It is within a Shoreland zone. After review of documents and photos of applicants, and review of the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, Section O.2, Timber Harvesting, it was determined that selective cutting of no more than 40% of the total volume is permitted; timber harvesting operations exceeding 40% in a Shoreland zone requires approval of the Planning Board.
Paul Kelley, 103 Mills Road
Mr. Kelley was present at meeting. Discussion on any anticipated change to mill site; comment from DEP; mill site being changed from “residential” to “limited commercial” not “general development 2”; and federal funds being used to pay for Shoreland zoning maps. No federal monies were used to pay for the maps; Town paid for the maps.
Upon motion duly made and seconded, it was VOTED (3-0-2 Christi Mitchell and Beth Whitman abstained) to approve minutes of meeting held on February 17, 2010 with changes.
8:46pm - Upon motion duly made and seconded, it was VOTED (5-0) to adjourn.
/s/ Christi Mitchell
Town of Whitefield, Maine
Planning Board
Minutes of Meeting held on April 21, 2010
Present: Christi Mitchell, Chair
Bob Bills
Beth Whitman
Judy Maldovan, Recording Secretary
Absent: Steve Smith
Jim Torbet
7:05pm - meeting called to order by Christi Mitchell, Chair; three members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield. Christi Mitchell requested that Bob Bills serve as Acting Chairman as she was not feeling well. Upon motion duly made and second, it was VOTED (3-0) that Bob Bills serve as Acting Chair.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the Agenda as amended (see attached).
Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on March 17, 2010.
Upon motion duly made and seconded, it was VOTED (3-0) to table approval of minutes of meeting held on February 17, 2010 until the end of this meeting.
Lee Richards, 116 Augusta Road (Map 18, Lot 19)
On 02/17/2010 the Planning Board voted (3-0) to accept Mr. Richards’ Development Application as complete subject to the following conditions:
Upon review of Development Application Standards, Section 8, Board took the following actions:
Section 8A: VOTED (3-0) development as shown meets Section 8A;
Section 8B: VOTED (3-0) accepted as met;
Section 8C: VOTED (3-0) meets the standard that the development shall not detrimentally increase the concentration of any gases, particulate matter, odors or other substrates in the air of Whitefield;
Section 8D: VOTED (3-0) PBR and plumbing permit has been met;
Section 8E: no information provided by applicant; VOTED (3-0) Condition of Approval: “that the development shall not raise noise levels to the extent that abutting or nearby property owners are excessively inconvenienced or harmed in any way.”;
Section 8F: applicant has DOT driveway/entrance permits; signage is existing 1-way entrance and 1-way exit. VOTED (3-0) Condition of Approval: Confirmation from Maine Dept. of Transportation that plans dated 2/12/2010 are acceptable to Maine Dept. of Transportation;
Section 8G: VOTED (3-0) meets Standard;
Section 8H: VOTED (3-0) not applicable to this project;
Section 8I: VOTED 3-0) not applicable to Town of Whitefield;
Section 8J: VOTED (3-0) Standard met based on information given to Planning Board which was for exit and entrance signs;
Section 8K: VOTED (3-0) meets Standard;
Section 8L: VOTED (3-0) no lighting specified; Condition of Approval: any future lighting not shown on plans must meet Standard;
Section 8M: VOTED (3-0) Standard met;
Upon motion duly made and seconded, it was VOTED (3-0) to approve Lee Richards’ Application with the following 3 Conditions of Approval:
Section 8E: no information provided by applicant; VOTED (3-0) Condition of Approval: “that the development shall not raise noise levels to the extent that abutting or nearby property owners are excessively inconvenienced or harmed in any way.”;
Section 8F: applicant has DOT driveway/entrance permits; signage is existing 1-way entrance and 1-way exit. VOTED (3-0) Condition of Approval: Confirmation from Maine Dept. of Transportation that plans dated 2/12/2010 are acceptable to Maine Dept. of Transportation;
Section 8L: VOTED (3-0) no lighting specified; Condition of Approval: any future lighting not shown on plans must meet Standard.
Bob Bills will do Findings of Fact.
Travis Abbott re: Avery Dunn Gravel Pit (Map 16, Lot 41)
Luke Delano present at meeting to discuss concerns for the Planning Board to take into consideration regarding the re-opening of the gravel pit. Planning Board stated that Arthur Strout, Code Enforcement Officer has been directed to make an on-site visit; to date Mr. Strout has not reported back to Planning Board. Mr. Delano said that the Vigue Road is posted
(23,000 – 28,000) year around; 6-7 years ago Selectmen said that no gravel trucks are allowed going north from McGee. “Road deteriorated near pit, this will make it worse”; “culvert is in bad shape” – Delano. Planning Board stated that Road Commissioner and Selectmen will need to deal with this issue; the Dunn(s) have an existing permitted gravel pit. Mr. Delano expressed concerns about the dust and noise level for homeowners. Planning Board stated that nothing says a pit cannot be inactive and then re-opened; applicant has to be in violation of existing permit; expansion means new development application. Mr. Delano will talk with Selectmen, Road Commissioner and Arthur Strout, CEO.
Work session for Shoreland Zoning Ordinance scheduled for May 6, 2010 at 7pm.
8:46pm – Upon motion duly made and seconded, it was VOTED (3-0) to adjourn.
/s/ Robert J. Bills June 16, 2010
Acting Chair
TOWN OF WHITEFIELD, MAINE
PLANNING BOARD WORK SESSION
Present: Christi Mitchell, Chair
Beth Whitman
Bob Bills
Steve Smith
Judy Maldovan, Recording Secretary
Absent: Jim Torbet
7:20pm – meeting called to order by Christi Mitchell, Chair; four (4) Planning Board members present, constituting quorum; meeting held at Town Office. Notice posted at North Whitefield Superette, Whitefield Post Office, Coopers Mills Post Office and Town Office eight (8) days in advance. (see attached)
9.D.(1) Districts and Zoning Map; Interpretation of District Boundaries
Upon motion duly made and seconded, it was VOTED (4-0) to adopt the following language:
Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the centerlines of streets, roads and right of way, and the boundaries of the Shoreland area as defined herein. Any person owning a parcel of land which is shown within the Shoreland Zone of the official Whitefield Zoning map may apply to the Appeals Board for a map correction for his/her parcel. In making its decision the Appeals Board may consider evidence from a Maine certified soil scientist, a Maine certified geologist, a Maine licensed land surveyor, a biologist, a licensed and qualified site evaluator or any other person with relevant training and experience.
12.E.(3)(a)(b) Non-conforming Lots; Contiguous Lots
Upon motion duly made and seconded, it was VOTED (4-0) to adopt the following language:
(a) Each lot contains at least 150 feet of shore frontage and at least 1 acre;
or
(b) Any lots that do not meet the frontage and lot size requirements of
Section 12(E)(3)(a) are reconfigured or combined so that each new lot
contains at least 150 feet of shore frontage and 1 acre.
15.B.(1)(c) Land Use Standards; Principal and Accessory StructuresUpon motion duly made and seconded, it was VOTED (3-1-Steve Smith) to accept the language as written in DEP draft.
Bob Bills made motion to not add any standards or guidance above and beyond what is stated in 15(B)(1); Beth Whitman had left meeting for a few minutes; VOTED (3-0) to table and move Bob Bills motion until Beth returns. Beth returned. Upon motion duly made and seconded, it was VOTED (4-0) to not add any standards or guidance above and beyond what is stated in (15)(B)(1).
15.B.(5) Land Use Standards; Principal and Accessory Structures;
Retaining Walls
Upon motion duly made and seconded, it was VOTED (4-0) to accept the language as written in DEP draft.
15.B.(6) No action required.
15.P.(2)(b) Land Use Standards; Clearing or Removal of Vegetation for Activities
Other Than Timber Harvesting
Upon motion duly made and seconded, it was VOTED (4-0) not to retain present point system based on 25-foot x 25-foot plot. Planning Board will draft language for Shoreland Permit Zone and members of PB will seek Shoreland Zoning Permit(s) from other towns to bring to next meeting.
8:43pm – VOTED (4-0) to adjourn meeting.
/s/ Christi Mitchell,Chair
Whitefield Planning Board
Special Public Meeting and
Shoreland Zoning Ordinance Work Session
June 2, 2010
Present: Christi Mitchell, Chairman
Bob Bills
Beth Whitman
Steve Smith
Jim Torbet
Judy Maldovan, Recording Secretary
Members of public present: David Hayden; Mr. & Mrs. Ron Atwood; Shirley Warren;
Elizabeth Whitman; Gary Vigue; Lucy Hartman, Reporter,
Lincoln County News; Carole Cifrano (Town Building
Committee); Erik Ekholm (Chairman,Town Building Committee);
Lynn Talacko (Designer); Herb Hartman (Town
Building Committee) Tim Pellerin, Whitefield Fire Chief;
Brian Ross, Whitefield Fire Dept.
Notice of Planning Board Special Public Meeting was published in the Kennebec Journal on May 26, 2010 and Lincoln County News on May 27, 2010 (see attached). Copies of Notice were posted at Whitefield Town Office, Whitefield Post Office, Whitefield Superette, Coopers Mills Post Office and Town’s website (http://www.townofwhitefield.com). Copies sent via U.S. Mail to Lucy Martin (Reporter, Lincoln County News), members of Planning Board, Judy Maldovan, Recording Secretary for Planning Board, Carole Cifrino (Town Building Committee) and Selectmen for Town of Whitefield. Notice sent to following abutters: Ron Atwood, Map 13, Lot 47A; Town of Whitefield, Map 13, Lot 47B; David & Barbara Hayden, Map 13, Lot 51; Regional School Unit No. 12, Map 13, Lot 50; Walter S. Bowden, Map 13, Lot 54a; Bradley L. Bowden, Map 13, Lot 54b,c,d; George W. Bowden, Jr., Map 13, Lot 12a; Gary & Shirley Vigue, Map 13/14, Lot 14a; and Elizabeth Whitman, Map 13, Lot 13.
7:05pm –Special public meeting called to order by Christi Mitchell, Chair; four members present constituting quorum; meeting held at Town Office, Townhouse Road, Whitefield. Beth Whitman recused herself from the Board for special public meeting. Bob Bills asked if he should be recused for conflict of interest. After discussion, upon motion duly made and seconded, it was VOTED (3-0-1 Bills recused) that no conflict of interest exists.
Upon motion duly made and seconded, it was VOTED (4-0) to approve Agenda.
Upon motion duly made and seconded, it was VOTED (3-0-1 Bills abstained) to approve minutes of meeting held on May 19, 2010.
Whitefield Central Fire and Rescue Station
Application for Development of a Whitefield Fire and Rescue Station has been submitted but has not been approved; no alterations to plan are anticipated.
This special pubic meeting is being held to allow for public comment and to determine if the Development Application submitted by the Town Building Committee meets Standards outlined in Town of Whitefield Development Ordinance, Section 8. This special meeting is not to debate the merits of constructing a municipal fire station; that issue has been approved by the voters of Whitefield at the 2010 Town Meeting. This special meeting is to review the plans for the station with regard to its impact on the roads, noise, air quality, environmental impact, etc. of the Town of Whitefield.
Ron Atwood, Map 13, Lot 47A
Mr. Atwood’s concerns are water quality; will water come from existing well; will septic field interfere or contaminate aquifer. Erik Ekholm, Chairman, Building Committee, assured Mr. Atwood that no contamination will occur; septic tank is 2,000 gal and holding tank is 2,000 gal; water will come from existing well shared with Town Office.
Shirley Warren
Ms. Warren’s concerns are station’s distance from road; she lives directly across Townhouse Road from where fire station will be; parking; lights and noise level.
Gary Vigue, Map 13/14, Lot 14a
Mr. Vigue feels that the building could be moved 25ft north to alleviate lighting issues; poor setup and poor access; entrance to firehouse; parking issues because of meetings; 25ft move would make huge difference.
Erik Ekholm said that have to stay with master plan; access to fire station has to be straight in. Noise level – Christi Mitchell read Application’s definition. Tim Pellerin, Fire Chief - radios will be used for call out, not sirens; fire dept. has policy to keep sirens off near animals; “due regard for public safety”.
Beth Whitman asked how often building will be used – every Monday night there is training; business meetings usually done by 9pm; 2 nights for rescue meeting; could be 2-3 nights of meetings; station will house 1 fire truck and 1 ambulance; will not use roadside for parking;
20 parking spaces indicated on master plan.
Beth Whitman concerned about lights and noise; light from building and vehicles on road; traffic; turning trucks around in road; parking spaces; meetings; parking spaces should not be in front – perhaps side or back; traffic flow on Townhouse Road; plantings need to be specified acting as screen; entry way on road; congestion issue with parking in front. Erik Ekholm said cost is very important factor in design of plan; master plan designed to expand building to
drive-through in future; stakes are in place to indicate entrance; Beth urged Planning Board and Building Committee to move front parking spaces to the back or North side. Brian Ross, Fire Dept. said that proposed station is less than 100 ft from Town Office.
David Hayden, Map 15, Lot 51
Mr. Hayden inquired about the proposed road indicated on the Master Plan may go to the school; Erik Ekholm said that it is a proposed “loop road”. Mr. Hayden presented the Board with a letter dated May 25, 2010 outlining his concerns. Erik Ekholm and Lynn Talacko said no back security lighting proposed; no large lights on Hayden’s side; Tim Pellerin said that if parking is moved, additional lighting will be necessary; lighting may be put on time for when someone enters to protect the safety of firefighters. Mr. Hayden requested as much buffer as possible; plantings (not Scotch Pine); anything that can soften activity between firehouse and his house which would protect his family’s privacy.
Bradley L. Bowden, Map 13, Lot 54b,c,d
Mr. Bowden said that his septic system had to be a minimum of 300 ft from wellhead and asked if this one is the same. Carole Cifrino, Building Committee, said this one is a little more than 200 ft; pre-treatment process allowed 200 ft.; qualified professionals designed plans to State standards.
Christi Mitchell, Chair, asked if members of public had additional comments or questions; there were none.
8:03pm – Christi Mitchell closed public comment portion of this meeting. Building Committee indicated that they would stay for remainder of meeting.
8:07pm – Christi Mitchell called meeting to order; four Planning Board members present, constituting quorum; on May 19, 2010 the Planning Board accepted the Development Application of a Whitefield Central Fire and Rescue Station. Erik Ekholm indicated that as yet the Building Committee does not have the completed septic system design.
Upon review of the Development Application, the Town’s Development Ordinance, Standards, Section 8, and the comments and concerns expressed by members of the public and the abutters, upon motion duly made and seconded, the Board took the following actions:
II. Section 8: Standards of the Development Ordinance for the Town of Whitefield
(page 4-6 of Development of a Whitefield Central Fire and Rescue Station)
A. Preservation and enhancement of the landscape: Sue McKeen, Selectperson, said there is no money in Town budget for plantings immediately; have volunteer landscape person willing to donate labor, not cost of materials, for plantings.
Upon motion duly made and seconded, it was VOTED (2-2) that Standard A has been met to Planning Board’s satisfaction. Vote fails to carry. Following further discussion, Bob Bills moved, Jim Torbert seconded, to reconsider the vote. Upon motion duly made and seconded, it was VOTED (3-1) that Standard A has been met.
B. Relation of proposed development to the environment: Bob Bills noted that this property previously had house on it – residential use – new station will double/triple traffic flow; Town Office, sand & salt shed, recycling center are all within 250 ft radius of proposed fire station. Steve Smith said this is non-residential building; reasonable plans to protect quality of life of abutters; plantings cost can be shared by town for long-term effect; support enhancing landscaping plan; fire house should be moved back 10-15 ft to accommodate plantings and line of sight. Beth Whitman suggested moving parking spaces. Lynn Talacko said that it would be a bad situation and expensive to move parking spaces. Bob Bills stated that the Planning Board has an application and that it has to review the application with Standards and Ordinances and determine if it is adequate or inadequate.
B - VOTED (4-0) Standard has been met;
C - VOTED (4-0) Standard has been met;
D - VOTED (4-0) Standard has been met with Condition of Approval: Upon receipt of
signed approvals of Plumbing Inspector and Division of Health & Engineering of
the well-head protection plan application meets water quality Standard D.
E - VOTED (4-0) application in present form meets Standard. Beth Whitman asked
to be on record that you can talk about what the fire department will or will not do
but when people come for meetings they will gather outside to talk in the parking
area.
F - VOTED (4-0) Standard has been met. Christi Mitchell suggested 5 parking
spaces be moved – 1 North and 4 South & designate 4 - rescue 1 - fire dept.
G - VOTED (4-0) Standard has been met with Condition of Approval: Evidence of
submission of PBR.
H - VOTED (4-0) Standard waived acknowledging nice narrative.
I - VOTED (4-0) meets Standard.
J - VOTED (4-0) Standard has been met.
K - VOTED (4-0) proposed development meets Standard.
L - VOTED (4-0) Standard has been met by application and materials submitted.
M - VOTED (4-0) has been addressed adequately throughout whole process.
Upon motion duly made and seconded, it was VOTED (4-0) to approve the development application with 2 Conditions of Approval. Christi Mitchell will prepare Findings of Fact.
9:45pm – work session on Shoreland Zoning Ordinance – Christi Mitchell gave each member new draft noting revised with changes as of May 5th meeting; public meeting scheduled for June 30, 2010; Christi would like all comments by June 11th. Pat Jennings present for Appeals Board – need to discuss & decide re: 16H – de novo or appellate.
10:15pm – VOTED (4-0) to adjourn meeting.
/s/ Christi Mitchell
Town of Whitefield, Maine
Whitefield Town House
May 19, 2010
MINUTES
The board discussed the reasons for addressing the shoreland zoning ordinance and the state statute outlining the requirements for notification of a public hearing. Ms. Mitchell proposed the public hearing be scheduled on June 30, 2010 at 7:00 p.m. in the Historical Society room at the Town House if it is available. The board expressed concern that the room would not be large enough to accommodate the number of people anticipated to attend and suggested three possible alternative sites: school gym, Arlington Grange, and the Union Hall. Ms. Whitman made a motion to accept the date and time of the hearing, and to check on the availability of the three alternation locations at that time. Mr. Torbert seconded the motion and was passed unanimously.
1. Sam Hutchinson, 63 Benner Road
Pre-Development Meeting
Ms. Mitchell provided a description of the development and asked Mr. Hutchinson to provide the board with an overview of his project. Mr. Hutchinson provided copies of his pre-development application and explained the scope of his planned 9-hole disc golf course with a pro-shop. Ms. Mitchell informed the board that the proposed area was located in a limited residential zone within the shoreland zone. Ms. Mitchell also verified that the rules of the development ordinance did apply to this plan and made a motion to review the application. Ms. Whitman seconded the motion and was passed unanimously.
The board reviewed the checklist by each item. In Section 1, item J was amended to request Mr. Hutchinson provide a 20’ standard topographic map. The board also requested that a detailed map provide fairway locations, fairway lengths, and location of portable toilets. Review of Section 2 included the board’s request for the following: a written statement from the road commissioner concerning the impact of parking and traffic on road conditions, a written statement from Mr. Hutchinson addressing the use/non-use of fertilizers and pesticides, and the contingency plan for neighbor’s protection from stray patrons and equipment. Mr. Hutchinson was also asked to verify if he would be required to apply for any state land use permits. Ms. Mitchell suggested to Mr. Hutchinson that he obtain statements from abutters to submit with his final development application.
After review of the pre-application Mr. Hutchinson was instructed to provide the additional information when he submits his final development application to the board.
Ms. Mitchell opened the floor for public comment. Mr. Elliott, an abutter to Mr. Hutchinson’s property, expressed concern about increased traffic and people, loss of privacy, and trespassers. Mr. Elliott indicated that he and Mr. Hutchinson had discussed his concerns, he was comfortable with the contingency plan Mr. Hutchins had come up with, and felt that the project should be approved by the board.
1. Paula Cuthbercson, 208 Route 17
Inquiry of review of previously approved development application.
Ms. Mitchell provided a description of the previously approved application and informed the board that the development ordinance does not express a time limit for a project to be completed once it has been approved, so long as the scope does not change.
Mr. and Mrs. Cuthbercson indicated that they intended to follow their original plans to construct a commercial addition to their business, however the size of the building may be reduced from the earlier approved application.
Ms. Mitchell made a motion to accept the board’s October 3, 2006 finding of fact as sufficient unless the applicant’s plan changes. Mr. Torbert seconded the motion and was passed unanimously.
2. Town of Whitefield, Fire Department Building, Ballstown Lane
Development Application
Ms. Cinfrino provided copies of the development application to the board. Ms. Whitman made a motion to review and approve the application checklist line by line. Ms. Torbert seconded the motion and was passed unanimously. Ms. Cinfrino provided the location of each item within the application as requested by Ms. Mitchell. Ms. Mitchell made a motion that item 1a had been fulfilled. Ms. Whitman seconded the motion and was passed unanimously. Ms. Mitchell made a motion that item 1b had been fulfilled. Ms. Whitman seconded the motion and was passed unanimously. Ms. Whitman made a motion to withdraw her motion to review and approve the application checklist line by line. Mr. Torbert seconded the motion and was passed unanimously.
Ms. Cinfrino indicated that the town would be applying for a permit by rule from the Maine Department of Environmental Protection due to the size of the project unless it was downsized.
The board reviewed and agreed that items 1a-1j were fulfilled. At this time Ms. Whitman recused herself from the remainder of the review process due to her being an abutter to the project property.
Ms. Mitchell made a motion that all items needed as specified in sections 1 and 2 were submitted with the exception of item 1g (septic system plans - these were not provided at the meeting because they are still in process) and the MDEP permit by rule (to be provided to the board if it is applied for). Mr. Torbert made a motion to accept the application as complete with the exception of the septic system plans and MDEP permit. Ms. Mitchell seconded the motion and was passed unanimously by the three voting board members.
Ms. Cinfrino requested and was granted the application fee be waived due to this being a town project.
Mr. Smith expressed that he would like to make a condition for the town to contact abutters so that they have an opportunity to air their concerns with the planning board. The applicants felt this obligation had been fulfilled by the town meeting and information session that had already been held.
At 9:26 p.m. Ms. Mitchell called a break to review public hearing standards set by the Maine Municipal Association. After a 5 minute break Ms. Mitchell suggested that the planning board notify the abutters in writing that the application would be available for 2 weeks for their review and comment and that a public notice would be published in an available newspaper. All parties agreed that this was an acceptable compromise. Ms. Mitchell made a motion to send written notice to the abutters listed on the tax map in the application advising them that the application was available for review and the planning board would accept their comments in writing or at a planning board special meeting to be held on June 2, 2010 at 7 p.m. at the Town House. Mr. Smith seconded the motion and was passed unanimously by the three voting board members. Ms. Whitman recused herself from this vote as well.
1. Ms. Mitchell asked CEO Arthur Strout to provide an update on his examination of the Avery Dunn gravel pit on Vigue Road per Travis Abbott’s request to re-open the subject property for personal use. Mr. Strout voiced concern about the line of sight being less than 400 feet on either side of both driveways. He also questioned if the pit had been closed by the town and how long it had been inactive. Ms. Mitchell advised him that she would check the state statute in an effort to determine the status of the pit. Mr. Strout indicated that he had yet to make a site visit with the owner due to conflicting schedules. Mr. Strout advised that should the pit be allowed to re-open the owner would not be permitted to dig deeper due to an aquifer but would be allow to expand outward approximately and acre and a half.
The board agreed they would have the next work session on June 2, 2010 after the special meeting.
Planning Board
Minutes of Meeting held on June 16, 2010
Present: Christi Mitchell, Chairman
Bob Bills
Steve Smith
Jim Torbet
Judy Maldovan, Recording Secretary
Absent: Beth Whitman
7:03pm – meeting called to order by Christi Mitchell, Chair; four members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield. Arthur Strout, Code Enforcement Officer present at meeting.
Upon motion duly made and seconded, it was VOTED (4-0) to approve the Agenda with the addition of Arthur Peters following election of officers.
Upon motion duly made and seconded, it was VOTED (2-0-2 Steve Smith & Jim Torbet abstained because they were not present at meeting) to accept the minutes of meeting held on April 21, 2010 as amended.
Upon motion duly made and seconded, it was VOTED (3-0-1 Jim Torbet abstained because he was not present at meeting) to accept the minutes of meeting held on May 6, 2010 as amended.
Upon motion duly made and seconded, it was VOTED (4-0) to accept the minutes of meeting held on June 2, 2010.
Election of Officers
Upon motion duly made and seconded, it was VOTED (3-0-1 Steve Smith abstained) to elect Steve Smith as Secretary.
Upon motion duly made and seconded, it was VOTED (3-0-1 Christi Mitchell abstained) to elect Christi Mitchell as Chairman, with caveat that she would hold position to November election; do not promise to stay on as Chairman after that
Arthur J. & Nancy Peters, 239 Doyle Road (Map
19, Lot 28)
Mr. Peters present to discuss shoreland zoning as it affects his property.
Mr. Peters stated that his property is in resource protection because of wildlife habitat as deemed by the State DEP even though it has no water. Christi Mitchell said that this should not result in increased property taxes. Bob Bills indicated that a field visit by a State biologist may determine that this property is not in a resource protection zone.
Travis Abbott re: Avery Dunn Gravel Pit (Map 16, Lot 41), Vigue Road
Arthur Strout, CEO, present to discuss his examination as per Mr. Abbott’s request to reopen gravel pit for personal use. Town records indicate there was a plan in place in 1993 when Ed Dunn (now deceased) owned the property; Planning Board minutes of 11-20-1995 referred to “reclamation plan”; nothing says pit “closed”. No written permit can be located. Road posting: for a job on Vigue Road, trucks can go north; hauling out of pit to job not on the road trucks have to go South. At issue is the water table (aquifer); the pit is not over 5 acres so the State does not regulate; Town regulates mining if more than
½ acre. Town records show that on 11-20-1995 Ed Dunn indicated by written confirmation to close pit by July 1, 1995 – no further communication located. CEO stated that the pit’s sight distance is very bad and presents a hazard; Road Commissioner has to approve pit entrance as safe.
Upon motion duly made and seconded, it was VOTED (4-0) that if the pit had not been fully closed and reclaimed then that would need to be done. If the pit was fully closed and reclaimed, it could be excavated up to ½ acre, permission of Road Commissioner would be necessary. If more than ½ acre is to be excavated, a development application would have to be filed.
Sam & Alice Hutchinson, 63 Benner Road, Map 13, Lot 39
Applicant wishes to create a 9-hole disc golf course; pre-application meeting held on May 19, 2010. Sam Hutchinson present along with Jeff Vigue who manages applicants’ hay; has been operating for 10+ years and is regulated by USDA; no pesticides are used; if lime used, regulated by USDA; digital aerial photo was presented to Board. Applicant said that baskets and t-pads are movable.
Mr. Hutchinson provided a site map; soil maps previously submitted. Review of ‘Development Application and Standards Checklist’ as follows:
1.a. complete
1.b. previously submitted
1.c. previously submitted, Map 13, Lot 39
1.d. complete – plantings will be placed on boundary line with David Elliott;
no boundary disputes exist
1.e. complete; no soil disturbance
1.f. complete; no new building(s) at present time; covered picnic area
1.g. no portable toilet; no food – only water, soda, chips;
Applicant needs to check with Health & Engineering for sanitary waste
disposal; applicant amended his original application to delete sale of food
1.h. complete – shown onpPlan
1.i. applicant will provide
1.j. VOTED (3-0 Christi Mitchell abstained) not applicable
1.k. 30-foot diameter; location of fairways; no portable potties; letter from
Road Commission previously provided
Upon motion duly made and seconded, it was VOTED (4-0) to approve items
1a – 1k, with exception of 1j.
2.a. previously submitted
2.b. previously submitted
2.c. previously submitted
2.d. previously submitted
2.e. previously submitted
2.f. previously submitted
2.g. applicant indicates DEP does not regulate; not applicable
2.h. provided in package submitted tonight
2.i. VOTED (4-0) to waive
2.j. (1) no pesticide use or fertilization per Jeff Vigue and applicant;
(2) trespassing & privacy/property line with Elliott: written statement provided by applicant;
(3) letter from Road Commissioner provided
Upon motion duly made and seconded, it was VOTED (4-0) to approve items
2a – 2j(1,2,3) with 2i waived.
Upon motion duly made and seconded, it was VOTED (4-0) to accept applicant’s statement re: trespassing & privacy.
Upon motion duly made and seconded, it was VOTED (4-0) to accept Mr. Hutchinson’s application as complete. The fee is $200.
Discussion on necessity of public hearing: Letter submitted and read to Planning Board from homeowner (no signature) on Benner Road opposing proposed business. Christi Mitchell said there is no zoning to apply to this development. Applicant indicates there are 6 abutters: Ed & Cathy Alexander, Pat Chase, Dean & Jeanne Vigue, James & Shannon Brann, Kendra Simmons, Mr. Elliott. Are letters received from “some” abutters sufficient to not hold public hearing?
Upon motion duly made and seconded, it was VOTED (4-0) that there is no need for a public hearing.
Review of Development Ordinance, Section 8, as follows:
8.A. VOTED (4-0) as met
8.B. VOTED (4-0) as met
8.C. VOTED (4-0) not applicable
8.D. VOTED (4-0) as met
8.E. VOTED (3-0-1 Steve Smith abstained) as met; promise of landowner will
not permit excessive noise
8.F. and 8.M. VOTED (3-0-1 Steve Smith abstained) combined as met by
letter of Road Commissioner
8.G. VOTED (4-0) met with Condition of Approval: In the event of soil erosion
applicant will correct situation.
8.H. VOTED (4-0) not enforceable
8.I. VOTED (4-0) not enforceable
8.J. VOTED (4-0) as met
8.K. VOTED (4-0) as met; applicant indicated setback of 80 feet from
centerline of road
8.L. VOTED (4-0) as met; applicant indicated no plans for exterior lighting
at this time – business closes at dark
8.M. combined with 8F as met
Upon motion duly made and seconded, it was VOTED (4-0) to add the following Condition of Approval: future food service and sanitary facilities shall meet applicable State law.
Upon motion duly made and seconded, it was VOTED (4-0) to consider entire application and approve the Development Application. Finding of Fact letter will be prepared by Christi Mitchell after July 4th. Check for $200.00 received from applicant.
Shoreland Zoning Ordinance
Public hearing will be held on June 30, 2010 at 7pm at Whitefield School. Notices will be published in the Lincoln County News and Kennebec Journal. Notices will be posted at Whitefield Post Office, Whitefield Superette and Coopers Mills Post Office.
Discussion on draft dated June 15, 2010: Appeals Board is governed under State guidelines; measurements at square feet.
Upon motion duly made and seconded, it was VOTED (4-0) to accept the June 15, 2010 version of the draft Shoreland Zoning Ordinance as complete for the public hearing.
Lee Richards, 116 Augusta Road (Map 18, Lot 19)
The Board has received letter from Mr. Richards dated June 16, 2010 (see attached) regarding entrance permit.
Upon motion duly made and seconded, it was VOTED (4-0) that the Planning Board considered that the condition requirement of Lee Richards re: Maine Dept. of Transportation approval of entrance permit has been satisfied by Lee Richards’ letter dated June 16, 2010 and attached email.
9:58 p.m. – VOTED (4-0) to adjourn meeting.
/s/ Christi A. Mitchell, Chair
Public Hearing re: Shoreland Zoning Ordinance
June 30, 2010 - Whitefield School - 7:00pm
Present: Christi Mitchell, Chairman
Bob Bills
Steve Smith
Jim Torbet
Judy Maldovan, Recording Secretary
Absent: Beth Whitman
Notice of Planning Board Public Hearing was published in the Kennebec Journal and Lincoln County News. Copies of Notice were posted at Whitefield Town Office, Whitefield Post Office, Whitefield Superette, Coopers Mills Post Office and on the Town’s website http://www.townofwhitefield.com). Copies of the revised Ordinance and revised Map are available at the Town Office. See attached Notice.
Approximately 25 people were in attendance. Christi Mitchell opened the meeting by introducing the members of the Planning Board and stated that the Board had worked on the Ordinance for nearly a year. Christi did a 15-minute PowerPoint presentation with a brief overview of the revised Ordinance. The Town is required to update the Shoreland Zoning Ordinance. If the revised Ordinance is approved by the voters in November, 2010, the 1974 Shoreland Zoning Ordinance and subsequent amendments will be repealed and the new Ordinance will be adopted. If the revised Ordinance is not approved by voters, then the State will impose an updated Ordinance. Both the repeal of the 1974 Ordinance and the revised Shoreland Zoning Ordinance of 2010 were discussed.
There was public concern as to why no State representative was present at hearing. They were asked to come by Christi Mitchell, but declined because of staff reduction.
Christi Mitchell noted that the revised Ordinance reflected a decrease in Shoreland zone width from 300 feet to 250 feet; the minimum setback in limited residential and limited commercial from 200 ft to 100 feet. The Town will no longer regulate timber harvesting, State will manage. A Notice to Build Permit will be required for shoreland zones. Six districts identified by State: Stream Protection, Resource Protection, Limited Residential, Limited Commercial (only 3 in Town), and General Development I and II (none in Town).
Christi Mitchell noted that the time for public comment will end on August 13, 2010. Draft Ordinance will go the State for review; if State recommends changes, then another public hearing will be necessary. Town can adopt a more restrictive Ordinance not less restrictive. We are pretty much at State minimums.
Christi Mitchell opened the floor for questions and comments. There was discussion on the drop in setback requirements noting that the Town’s Comprehensive Plan is not approved by the State. The public asked how to change designations – Bob Bills explained process to have a State biologist do a site visit. There were concerns about how this Ordinance would impact real estate taxes. Sue McKeen, a member of the Board of Selectmen, was present and said that wetland is valued at $50 per acre; raw land at $650 per acre; and Residental Protection Zone is $50 - $650 per acre. Shoreland Zone wetlands are 10 acres, less than 10 acres is regulated by the State Dept. of Environmental Protection. Tax assessments need to be addressed with the Selectmen.
The question was asked if the Town votes “No” then we will have State imposed Ordinance – correct. We can be more restrictive than the State, but not less restrictive.
New Resource Protection districts will go into effect when Ordinance vote is passed or State imposed.
Christi Mitchell said that if anyone has strong feelings or concerns regarding the revised Shoreland Zoning Ordinance, to please send a letter to the Planning Board for consideration. Table of Land uses was passed out to public at meeting.
8:20pm – meeting closed by Christi Mitchell.
/s/ Christi Mitchell, Chair
Planning Board
Minutes of Meeting held on July 21, 2010
Present: Christi Mitchell, Chair
Bob Bills
Beth Whitman
Jim Torbet
Judy Maldovan, Recording Secretary
Absent: Steve Smith
7:00pm – meeting called to order by Christi Mitchell, Chair; four members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield. Arthur Strout, Code Enforcement Officer present at meeting.
Upon motion duly made and seconded, it was VOTED (3-0 Beth Whitman not present at vote) to approve the Agenda as amended: approval of minutes of June 16, 2010 moved to end of meeting; addition of Richard Howell following Travis Abbott.
Travis Abbott re: Avery Dunn Gravel Pit (Map 16, Lot 41), Vigue Road
Travis Abbott and Avery Dunn present. Christi Mitchell asked Mrs. Dunn, owner of the pit, if the pit had ever been closed. Mrs. Dunn did not know much about the pit; said she was working in Conn. and only knew what her husband had made comments about. Mrs. Dunn said there is vegetation near the road, but not in the pit. Review and discussion of documents on file indicating that Mr. Dunn (deceased) stated in 8-15-1993 letter that they were no longer hauling out of the pit and reclamation and seeding would be done by November 25, 1995; no additional documentation can be located. Planning Board’s position is that the pit is done under open pit. Travis Abbott can use the pit up to one-half acre; anything not used over one-half acre needs to be seeded and fixed; beyond one-half acre needs new application; approval of Road Commissioner is required. Sight distance of entrance to pit is of concern. Road is posted at 40 mph. Richard Howell commented that posted limits are for thru traffic. State DEP has been contacted. No state laws re: operation status of pits; no automatic time limit. Next step is for Mr. Abbott to contact the Road Commissioner. Letter to Travis Abbott is attached.
Richard Howell, Town house Road, Whitefield
Mr. Howell came to meeting to express his concerns about the new home (log cabin) constructed on property (Uncas Farms) which is adjacent to his mother’s property (Dorothy Howell). This new construction does meet the property setback; it is more than 15 feet, but Mr. Howell feels this is too close to his mother’s house; concern about road frontage. Ordinance states 1.5 acres per dwelling unit per 5 years (unless sub-division provision); property must stay in same ownership. If property is rented then it’s a sub-division. Five years is determining factor. Christi Mitchell read Title 30, M.R.S.A., § 4956.
Brent Perry, 95 Main Street, Coopers Mills – pre-development meeting, Wireless Communication Facility – no one was present at meeting.
Edward & Victoria Dooley, Joys Pond
Mr. and Mrs. Dooley were present and stated they currently live in Florida and own land on Joys Pond in Whitefield. Property has been in resource protection zone for at least 40 years. Last year they purchased property from Edward Freeman (Mrs. Dooley’s father); no road frontage, only right-of-way. This is the only lot taken out of entire land of Edward Freeman. Planning Board said they could not issue Notice of Intent to Build permit because it does not meet minimum setback requirement; does not have 200 ft of road frontage. Setback should be minimum of 300 ft, may be 250 ft with new shoreland zoning ordinance. Road frontage has to be shown on deed and/or survey. The Planning Board does not have enough information to make a determination regarding building capability.
Upon motion duly made and seconded, it was VOTED (3-0-1 Beth Whitman abstained) to accept minutes of meeting held on June 16, 2010. Ms. Whitman abstained because she was not present at meeting on 6-16-2010.
Approval of the minutes of the public hearing held on June 30, 2010 was postponed until next meeting on August 18, 2010.
Planning Board Computer
Following discussion, upon motion duly made and seconded, it was VOTED
(3-0-1 Beth Whitman abstained) to give the computer to the selectmen with the condition that if we ask for it back, we can get it back.
Following further discussion, upon motion duly made and seconded, it was VOTED (4-0) to rescind the previous vote regarding the computer. If possible, at the next meeting of the Planning Board the members will review the land use program on the computer in order to make a more informed decision.
9:05pm - VOTED (4-0) to adjourn.
/s/ Christi Mitchell, Chair
Town of Whitefield, Maine
Minutes of Meeting held on August 18, 2010
Present: Christi Mitchell, Chair
Beth Whitman
Jim Torbert
Judy Maldovan, Recording Secretary
Absent: Steve Smith
Bob Bills
7:06pm – meeting called to order by Christi Mitchell, Chair; three members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the Agenda with the following amendments: approval of minutes as amended of public hearing on June 30, 2010 moved to end of meeting; addition of Walter Chiappini and Dennis Gould after Sue McCrimmon.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the minutes of meeting held on July 21, 2010.
Sue McCrimmon, 130 Augusta Road
Mr. & Mrs. McCrimmon were present along with a daughter-in-law. Their property is located on the West side of Lee Richards’ property. They have lived there for 30 years. They are very concerned about the ongoing business development of Mr. Richards. They were not informed of the Development Application. Ms. Mitchell showed Planning Board members the email communications between Mr. & Mrs. McCrimmon and herself. Ms. Mitchell explained the procedure followed by the Planning Board regarding the Development Application process and reviewed the documents that were filed with the Development Application of Mr. Richards. Mr. Richards’ Development Application received Planning Board approval on April 21, 2010. There is no timeframe with regard to construction. Ms. Mitchell said that it is appropriate to request Arthur Strout, Code Enforcement Officer, to visit the site with the Development Application to determine if there is a violation(s). It is possible for the Planning Board to go with Mr. Strout to the site; this would require 2-week public notice for special meeting of the Planning Board. Concerns that Mr. & Mrs. McCrimmon expressed were: they cannot use their swimming pool because of dust created by construction; value of their property has dropped; no fence between properties; rocks over the property line; sink hole (water run off); noise; and dust.
Upon motion duly made and seconded, it was VOTED (3-0) that the Planning Board will meet at the Town Office on Wednesday, September 8, 2010 at 5:00pm to review the Development Application of Lee Richards and do a site visit at 6:00pm.
Walter Chiappini, Map 15, Lot 7A
Mr. Chiappini owns land on the Meaher Road (discontinued road) next to a house which was built in 2006 by Eugene Mooers for his former wife, Shirley Mooers. This house is too close to the sideline; bank is in the process of selling the house; Mr. Chiappini would like to convey land to meet the setback requirement; he may be the person to purchase the house. Christi Mitchell said that the Town records indicate that the Planning Board did not grant a variance to the owner, but the Code Enforcement Officer approved the Notice to Build based on owner’s application dated November 4, 2005. Ms. Mitchell will send a letter to Arthur Strout, Code Enforcement Officer, requesting him to determine if the property is 15 feet from sidelines.
Dennis Gould
Mr. Gould has a customer who wants to build a screened gazebo on the East side of Weary Pond, Map 11, Lot 28, which is a limited residential zone. There will be no earth moving; would like to put gazebo on ledge. Mr. Gould was advised that a Notice to Build would need to be completed by the homeowner.
Brent Perry, 95 Main Street, Coopers Mills-Wireless Communication Facility
No one was present at the meeting.
Shoreland Zoning Ordinance
Public comment closed on August 13, 2010. One public comment received from John Burns, Map 16, Lot 12: will be in resource protection and wants to be removed. Jim Torbet will prepare a response to Mr. Burns indicating that the land owner needs to contact the State Department of Environmental Protection and request a site visit from the State to make a determination.
September 13, 2010 is the deadline to submit questions to be on the November, 2010 ballot.
Upon motion duly made and seconded, it was VOTED (3-0) that the Planning Board shall create the following ballot questions:
and that these ballot questions be prepared and submitted to the Town Office by August 31, 2010 pending consultation with Mike Moore, State Dept. of Environmental Protection regarding Section 10 and Section 16 (B) (C).
Upon motion duly made and seconded, it was VOTED (3-0) concerning the Shoreland Zoning Ordinance, if the ballot questions have not been submitted to the Town Office by August 31, 2010, further discussion of the Shoreland Zoning Ordinance will be included on the Agenda for September 8, 2010.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the minutes (as amended) of the public hearing re: Shoreland Zoning Ordinance held on June 30, 2010.
8:50pm – VOTED (3-0) to adjourn.
/s/ Christi Mitchell
Town of Whitefield, Maine
Minutes of Special Planning Board Meeting
Held on September 8, 2010
Present: Christi Mitchell, Chair
Bob Bills
Steve Smith (present at 5:28pm)
Jim Torbert
Beth Whitman
Arthur Strout, Code Enforcement Officer
Judy Maldovan, Recording Secretary
5:06pm – meeting called to order by Christi Mitchell, Chair; four members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Notice of Special Planning Board Meeting was published in the Kennebec Journal on September 1, 2010 and in the Lincoln County News on August 27, 2010 (see attached). Copies of Notice were posted at Whitefield Town Office, Whitefield Post Office, Coopers Mills Post Office and on Town’s website (http://www.townofwhitefield.com).
Upon motion duly made and seconded, it was VOTED (4-0) to approve the Agenda.
Shoreland Zoning Ordinance
Section 10 – appeal of map changes
Section 16 – Notice to Build
State is okay with draft
Sue McCrimmon/Lee Richards
Planning Board reviewed Lee Richards’ Development Application with the Town Development Ordinance, Section 8A.
Concerns of McCrimmon: not notified as abutters about Mr. Richards development; sink holes/runoff; noise & privacy; dust; permits in place – McCrimmon said that CEO previously told them all permits had been filed; CEO said Mr. Richards had Septic System Permit.
Lee Richards said Dept. of Environmental Protection has been on site and will provide a letter to the Planning Board. Mr. Richards said that he came to the Planning Board meeting in response to request of Code Enforcement Officer. CEO does not remember seeing pool when he was on McCrimmon property.
Planning Board questions: boulders over the line; are there sinkholes.
Lee Richards – provided Planning Board with construction plan which was reviewed tonight by the Planning Board.
Chairman noted that applicant has not completed what he said he would by his construction plan, but he has until end of 2010 to complete according to construction plan.
Minutes of meeting on 2/17/2010 indicates Planning Board will send out notifications to abutters. Further research determined that no provision in Town’s Ordinance providing for notification to abutters; option for public hearing.
Made copy of Finding of Facts for Planning Board and McCrimmon
Beth Whitman: Section 8 A&B: Town should have required a buffer. She was present at meeting that approved application and now wants to be on record with this concern.
Steve Smith said that a friend of his and McCrimmon’s would be present at the site visit; no conflict of interest was determined.
6:04pm – Planning Board members, Code Enforcement Officer, & Recording Secretary assembled at home of McCrimmon. Lee Richards was present for site visit. George Hervochon, long-time friend of Mr. and Mrs. McCrimmon present.
Chairman asked Mr. & Mrs. McCrimmon what they would like to point out to the Planning Board. Response: rocks, sinkhole, pool loosing levelness; privacy fence; original ground was higher than it is today; some erosion on this side that was not here before; when line was surveyed, tent garage had to be moved. Mr. Richards paid $600.00 to surveyor.
Lee Richards – brought in approximately 8 loads of gravel to repair erosion in back past sinkhole.
Mr. Hervochon said that he is a building contractor in Damariscotta and has been a friend of Mr. & Mrs. McCrimmon for about 28 years.
Bob Bills – blazed tree is not property line; make sure fill is on line; Planning Board does not enforce.
Christi Mitchell asked Mr. Richards: in Sept., 2009 what portion of rock wall was in place? Mr. Richards’ response: none, only DOT entrances; purchased property in 2004; started cutting trees; wasn’t sure what he wanted to do.
Mrs. McCrimmon said that rock wall was up in 2009; she has photos taken at a birthday party which shows rock wall.
Chairman noted that DEP issued a permit after the fact; runoff has to do with DEP.
Mr. Hervochon asked Mr. Richards if he could put plantings on McCrimmons’ side of rock wall and Mr. Richards said yes. Mr. Hervochon said that the McCrimmons would compromise with the planting of 20-ft trees on their side. Mr. Richards noted that planting of cedar trees is expensive to do; he will agree to 8-ft cedar trees.
Chairman noted that the Planning Board should not be involved in negotiations and/or compromises regarding issues between landowners. Parties need to work together; negotiations between neighbors; Planning Board cannot impose conditions.
Discussion of noise level with parties – Town Development Standard is vague. Planning Board permits the building and its intended use, not the construction process.
Mr. and Mrs. McCrimmon will present proposal; not concerned about moving rocks back.
6:36pm – VOTED (5-0) to adjourn site visit.
/s/ Christi Mitchell
Town of Whitefield, Maine
Minutes of Meeting held on September 15, 2010
Present: Christi Mitchell, Chair
Bob Bills
Steve Smith
Jim Torbert
Judy Maldovan, Recording Secretary
Absent: Beth Whitman
7:07pm – meeting called to order by Christi Mitchell, Chair; four members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (4-0) to approve the Agenda.
Upon motion duly made and seconded, it was VOTED (2-0-2) (Steve Smith and Bob Bills abstained because they were not present at that meeting) to approve as amended the minutes of meeting held on August 18, 2010.
Shoreland Zoning Ordinance
Selectmen have said Special Town Meeting Referendum Election is necessary in order to put Shoreland Zoning questions on November 2nd ballot. Selectmen voted (2-1) to put two questions on November ballot; Planning Board will absorb portion of costs. In order to make it more visible to the public, Planning Board may do fact sheet for the town’s website; interview with Lucy Martin, Lincoln County News; and/or Power Point presentation for town’s website.
Upon motion made by Christi Mitchell, seconded by Jim Torbet, it was VOTED (4-0) in anticipation of the November 2, 2010 election that the Planning Board will prepare a press release for the Kennebec Journal and Lincoln County News outlining the issues and reasons that Shoreland Zoning is being proposed and prepare a fact sheet summarizing the same for distribution at Town Office, post office and other local venues; Power Point presentation from June 30, 2010 public hearing will be posted on the Town’s website, if possible.
Discussion on language on the Shoreland Zoning Map: it is standard disclaimer; Planning Board is ready to order second map.
CMP/MPRP Update
Reviewed letter from Alison Truesdale, TRC, dated September 7, 2010 (see attached) outlining the right, title and interest to all land impacted by the project. Upon motion duly made and seconded, it was VOTED (3-0-1 Jim Torbert abstained) that this letter meets the Condition of Approval.
Meaher Road Property Question
Planning Board previously told Walter Chiappini to consult with a real estate attorney regarding property lines/setback; Code Enforcement Officer does not determine property lines nor setbacks. Code Enforcement Officer has referred Planning Board to Notice to Build upon which applicant agrees to build the building in accordance with the terms of the application.
Other Business
Christi Mitchell received a survey, as representative of Planning Board, from the University of Maine. Steve Smith indicated that he would like to participate in the responses to the survey.
8:16pm – VOTED (4-0) to adjourn meeting.
/s/ Stephen Smith, Secretary
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on November 17, 2010
Present: Bob Bills
Steve Smith
Jim Torbert
Judy Maldovan, Recording Secretary
Lucy Martin, Lincoln County News
Absent: Christi Mitchell, Chair
Beth Whitman
7:24pm – meeting called to order by Bob Bills; three members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the Agenda.
Upon motion duly made and seconded, it was VOTED (3-0) to approve the minutes of public meeting held on October 18, 2010 and minutes of Planning Board meeting on October 20, 2010.
Shoreland Zoning Ordinance
Discussion on placing SZO questions on March, 2011 ballot at town meeting; keep on agenda for next monthly meeting.
Upon motion duly made and seconded, it was VOTED (3-0) to table new business until next monthly meeting on December 15, 2010.
7:45pm – VOTED (3-0) to adjourn.
/s/ Robert Bills, Acting Chairman 3/16/11
Whitefield Planning Board
Whitefield, Maine 04353
Planning Board Minutes
December 15, 2010
Meeting called to order 7:15pm
Members present: Robert Bills, Jim Torbet, Christie Mitchell
Members absent: Steve Smith, Beth Whitman
Secretary and Recording secretary not present, Bob Bills taking minutes secretary pro tem
Written meeting agenda approved with no additions or changes by 3-0 vote
No previous meeting minutes available for review so motion made, seconded, and passed 3-0 to table approval of previous meeting minutes.
Business Item #1
Susan Rogers appeared before the board regarding a potential gravel pit project on her properties, currently shown as Tax Map 16, Lots 29 and 29a. Attending the meeting with her were Alan Rogers and Steven Benner.
Susan is looking for required information regarding permitting of a gravel pit. Her lot adjoins the Ferraiolo (sp?) pit on its west line and she is looking into the possibility of reducing or eliminating the buffer strip required between her property and the existing Ferraiolo pit as part of her gravel pit.
The PB gave her a copy of the development ordinance and asked that she review it and bring in the required documentation. No application was submitted by Rogers at this meeting.
Business item #2
The selectmen asked the Planning Board through Ms. Mitchell to look into a prior PB file titled “River Run Estates”, on the Mills Road. The PB reviewed its’ files and determined that NO subdivision approvals were sought by any applicant NOR WAS ANY SUBDIVISION APPROVED by the PB on the subject property, formerly owned by one Monsen …
Next meeting to be at regularly scheduled time and place.
Meeting adjourned by vote 3-0
Respectfully,
/s/ Robert Bills, secretary pro tem
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on February 16, 2011
Present: Christi Mitchell
Bob Bills
Steve Smith
Jim Torbert
Judy Maldovan, Recording Secretary
Lucy Martin, Lincoln County News
Absent: Beth Whitman
7:10pm – meeting called to order by Jim Torbet, Acting Chair; four members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (3-0-1 Steve Smith abstained, absent from meeting) to approve as amended the minutes of December 15, 2010.
It is noted that there was no meeting held in January – no quorum present.
River Run Trust/Estate, Mills Road, Map 20, Lot 29
Discussion on possible illegal lots; sub-division issues; three parcels sold within 5 years.
Upon motion duly made and seconded, it was VOTED (4-0) to request a meeting with the Selectmen and/or Town attorney to discuss the above-reference matter. Steve Smith will prepare and send a letter to the Selectmen.
8:00pm – VOTED (4-0) to adjourn.
/s/ Robert Bills, Acting Chairman 3/16/11
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on March 16, 2011
Present: Christi Mitchell
Bob Bills
Jim Torbert
Judy Maldovan, Recording Secretary
Lucy Martin, Lincoln County News
Arthur Strout, Code Enforcement Officer
Absent: Steve Smith
Beth Whitman
7:21pm – meeting called to order by Christi Mitchell; three members present constituting a quorum; meeting held at Town Office, Townhouse Road, Whitefield.
Upon motion duly made and seconded, it was VOTED (3-0) to postpone reading of previous minutes to the end of this meeting.
River Run Trust (David & Paul Monsen), Mills Road
Present: Mike and Lisa Farrell; Ted and Sarah (Knox) Rideout – owners of 2 lots in question. There is Notice to Build on a third lot which created a sub-division – no sub-division plan recorded. Monsen did not complete the process for sub-division. Farrell (abuts Rideout) has legal boundaries; Rideout does not have legal boundaries – Rideout has 140 feet of road frontage and needs 60 additional feet to be in compliance with 1991 Town ordinance requiring 200 feet of road frontage. Farrell began making payments in approx. 1987 and Rideout began making payments in approx. April, 1995. Both Farrell and Rideout were renters prior to purchase of their land and homes. Planning Board can bring in seller of lots after the fact and request issues be fixed - seller created problem to the third-party buyer; Planning Board can grant exemptions to minimum lot size ordinance; or owners can bring civil action against seller.
By letter dated February 17, 2011 to Selectmen, Planning Board requested a meeting with the Selectmen and/or Town attorney. No response received. Upon motion duly made and seconded, it was VOTED (3-0) to request in writing to the Selectmen that the Planning Board be placed on the agenda for the Selectmen’s meeting on March 21, 2011. Bob Bills will prepare letter to Board of Selectmen.
Upon motion duly made and seconded, it was VOTED (2-0-1 Christi Mitchell abstained as she was absent from meeting) to accept minutes of November 17, 2010.
Upon motion duly made and seconded, it was VOTED (3-0) to accept minutes of February 16, 2011.
It is noted that Christi Mitchell turned in all her records including disks and put them in the filing cabinet for the Planning Board.
8:42pm – VOTED (3-0) to adjourn.
/s/ Robert Bills
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on April 20, 2011
Present: Bob Bills
Jim Torbert
Steve Smith
Ann Roberts
David Spicer
Judy Maldovan, Recording Secretary
Lucy Martin, Lincoln County News
Arthur Strout, Code Enforcement Officer
7:00pm – meeting called to order by Bob Bills; five members present; meeting held at Town Office, Townhouse Road, Whitefield.
Ann Roberts and David Spicer have been sworn in by Town Clerk.
Jim Torbert volunteered to act as Chairman;VOTED (4-0) to accept.
Tammy Peaslee – Notice to Build – Townhouse Road (Map 7, Lot 22)
Tammy is requesting permission to put a mobile home (approx 16 x 76) on the existing gravel pad which formerly belonged to her brother, Scott Peaslee, and is located next to her parents’ (Donald & Barbara Peaslee) home. Scott Peaslee was granted a 5-year temporary waiver to take help with the care of his parents. Tammy Peaslee would like to live near her parents to help her parents as they both have health issues. Scott’s mobile home was 3 bedrooms. Septic system installed in 1990 or 1991. Previous Notice to Build stated 3 acres. Parcel consists of 2.1 acres with 2 septic systems, 1 shared well, and 2 driveways. Bob Bills read Section 5 & 6 of Minimum Lot Size Ordinance re: granting of waiver. Planning Board can consider a waiver; no guidance in Ordinance for Planning Board to make determination of hardship. Tammy indicated that she was looking at 5 – 8 years for a period of time in which to help take care of her father and assist her mother with the care of her father. Tammy will contact Arthur Strout, Code Enforcement Officer and David Boynton, Road Commissioner. She will also contact all abutters and obtain in writing their agreement with her mobile home. Planning Board will send letter to abutting landowners. Upon motion duly made and seconded, it was VOTED (5-0) to consider a waiver based on testimony by Tammy Peaslee that extraordinary or unnecessary hardship may exist.
Stephen C. Smith – Notice to Build – Map 26, Lot 28A – f/k/a Country Farms Restaurant
Planning Board member Steve Smith represents Applicant and voluntarily recused himself from the Board. Notice to Build for 2 dwelling units (apartments) to existing footprint; restaurant is closed for alterations – not closed. Notice to Build incorrectly indicates 3 apartments– Steve Smith revised to indicate 2 apartments. Footprint is 4 plus acres; 1.5 acres required per dwelling; no acreage requirement for anything other than dwelling; 4 acres will allow 2 dwelling units and existing restaurant. Applicant will need to talk with Code Enforcement Officer re: septic system and with Road Commissioner and State re: traffic issues. Existing development application approved on this lot previously; applicant is asking to modify existing site plan for restaurant application. Has sub-division been created? Three units in 5 years; when does 5 years start? Planning Board reviewed Title 30, M.R.S.A. §4956 – definition of sub-division. Steve Smith asked what Board required for sub-division approval. Applicant needs to go through Development Application and Sub-Division Application. Bob Bills noted that the Minimum Lot Size Ordinance may need to be addressed. Steve Smith noted that this application does not include expanding existing footprint. Ann Roberts noticed that work has begun; apartments are in; should applicant have come in sooner. Bob Bills stated that Notice to Build form is required, but no approval of Notice to Build is required by ordinance. Town meeting vote created Notice to Build form has to be filled out and dropped off at Town Office. Steve Smith stated “applicant did not deliberately start this project”. Applicant wants to proceed in a manner that is consistent with existing rules and regulations. Bob Bills instructed Applicant to bring something back to next Planning Board meeting or modify existing application. Applicant withdrew Notice to Build.
Steve Smith completed discussion of County Farms Restaurant and re-entered Planning Board in its business.
Election of Officers
Upon motion duly made and seconded, it was VOTED (4-0-1) to elect Bob Bills as Chairman and VOTED (4-0-1) to elect Steve Smith as Secretary.
Upon motion duly made and seconded, it was VOTED (5-0) to accept minutes of meeting held on March 16, 2011.
10:18pm – VOTED (5-0) to adjourn.
/s/ Robert J. Bills
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on May 18, 2011
Present: Bob Bills
Jim Torbert
Ann Roberts
David Spicer
Judy Maldovan, Recording Secretary
Arthur Strout, Code Enforcement Officer
Absent: Steve Smith
7:09pm – security alarm was activated - meeting called to order outside by Bob Bills; four members present; meeting held at Town Office, Townhouse Road, Whitefield.
7:21pm security system was deactivated and meeting reconvened inside.
Tammy Peaslee – Notice to Build – Townhouse Road (Map 7, Lot 22)
Tammy Peaslee was not present. Bob Bills has contacted abutters. Donald Morey, abutter, present. Mr. Chatham responded to Bob Bills via email with concern re: how to make sure that the mobile home would be removed when need passes; Mr. Morey expressed same concern, and has no problem with the need. Ed Karass, abutter, has expressed no objection to the need. George Hall, Sheepscot Links Golf Course, said there is only a verbal right of way to get to the golf course. Bob Bills said that the decision of the Planning Board should be recorded at the Registry of Deeds. Tammy Peaslee has not contacted Arthur Strout, Code Enforcement Officer re: plumbing permits to reconnect the property.
Upon motion duly made and seconded, it was VOTED (4-0) to table this matter until Tammy Peaslee is present with additional information and required plumbing permits.
Stephen C. Smith – Notice to Build – Map 26, Lot 28A – f/k/a Country Farms Restaurant
Stephen Chase Smith, Applicant, present. It is noted that the Notice to Build was withdrawn at Planning Board meeting held on April 20, 2011. Planning Board has not contacted Maine Municipal Association (MMA) for legal counsel re: sub-division. Bob Bills will write to MMA for advice re: sub-division by use or by division. The existing commercial use has been divided into 2 dwelling units and a restaurant. Applicant said that the building is divided into 4 parts: 1 = restaurant; 1 = function room; 2 = apartments; function room could in future be an apartment.
Planning Board considered this as a Pre-Application meeting for Alessandro Corp. and reviewed information submitted with the Development Application and Standards Checklist as follows:
1(a) Applicant added to map “as revised 5-18-2011”. No additional information required.
1(b) Applicant currently holds valid permit per Code Enforcement Officer.
No additional information required.
1(c) Names of abutters on Route 218 required.
1(d) Stonewalls are sufficient for perimeter survey; no survey necessary.
1(e) No additional information required.
1(f) Distance of pad from stonewall required.
1(g) Letter of Stephen Smith, Site Evaluator No. 253, re: septic system referenced in application required.
1(h) Letter from Dept. of Transportation stating what was submitted to DOT and
response re: dwelling units required. Email will be acceptable.
1(i) No additional information required.
1(j) VOTED (4-0) to waive all requirements under 1(j).
1(k) Proof of right, title and interest of property required; $30.00 application fee
required; signature required on application.
STANDARDS
a. Met
b. Met
c. Met
d. Met
e. Met
f. Met
g. Met
h. Met
i. Photo with proposed signage required.
j. Met; waivers are available for setbacks.
k. Met
l. Met
2(a) No additional information required.
2(b) No additional information required.
2(c) Information is required with this application.
2(d) No additional information required.
2(e) VOTED (4-0) to waive requirement.
2(f) VOTED (4-0) to waive requirement.
2(g) VOTED (4-0) to waive requirement.
2(h) No additional information required.
2(i) No additional information required.
2(j) No additional information required.
Upon motion duly made and seconded, it was VOTED (4-0) to accept, as amended, minutes of meeting held on April 20, 2011.
10:03pm – VOTED (4-0) to adjourn.
/s/ Robert Bills
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on June 15, 2011
Present: Bob Bills
Jim Torbert
Ann Roberts
Steve Smith
Judy Maldovan, Recording Secretary
Arthur Strout, Code Enforcement Officer
Lucy Martin, Lincoln County News
Absent: David Spicer
7:07pm – meeting called to order by Bob Bills; four members present; meeting held at Town Office, Townhouse Road, Whitefield.
Discussion on minutes of meeting held on May 18, 2011. Steve Smith recused himself from the Board re: Stephen C. Smith – Notice to Build - Map 26, Lot 28A – f/k/a Country Farms Restaurant. Steve Smith would like to clarify “3 units proposed” – a restaurant and 2 apartments; Board agreed.
Upon motion duly made and seconded, it was VOTED (3-0) to accept the minutes of May 18, 2011 as printed with notation of Steve Smith to be on minutes of tonight’s meeting.
Steve Smith re-entered the Board at this time.
Tammy Peaslee – Notice to Build – Townhouse Road (Map 7, Lot 22)
No one present; no contact with Arthur Strout; tabled.
Rideout – junkyard issue
No word from Selectmen.
Harold & Cathy Dauphin, Weary Pond, Map 11, Lot 28
Arthur Strout, CEO, brought to the attention of the Board that Dauphin is building a camp 5 yards from the pond. Property is subject to 100-ft setback, no plumbing or building permit has been issued. Arthur has received 6 complaints; he has not seen building because he cannot get to the property – poor road conditions.
Stephen Viti, Map 29, Lot 8
Bob Bills recused himself from the Board as he has been hired by Applicant to design system.
Two-bedroom seasonal building (not year round road) on lot of approximately 6,000 sq. ft.; composting toilet on front porch; building is 20 feet from lake; lot is non-conforming and is within 35 feet of 2 existing wells. Applicant wants to use 30-ft expansion rule to expand roof line to bring toilet inside (approximately 4-ft rise). Bob Bills requested a site visit by the Board to see impact of changing roof line. Bills submitted a Notice to Build and noted that it does not have a drawing. Mr. Bills can prepare drawing from what Applicant has presented to him. Drawing will be available at site visit. Site visit scheduled for June 22, 2011 at 6:00pm.
8:45pm – VOTED (4-0) to adjourn.
/s/ Robert C. Bills
Town of Whitefield, Maine - Planning Board
Minutes of Meeting held on July 20, 2011
Present: Bob Bills
Ann Roberts
Steve Smith
David Spicer
Judy Maldovan, Recording Secretary
Dennis Merrill, Selectman
Arthur Strout, Code Enforcement Officer
Lucy Martin, Lincoln County News
Absent: Jim Torbert
7:08pm – meeting called to order by Bob Bills; four members present; meeting held at Town Office, Townhouse Road, Whitefield.
Leslie C. Lufkin: Map 18, Lot 28 and 28A - re: subdivision
Mr. Lufkin wishes to take smaller parcel & incorporate into larger parcel to make one piece of land again; in future may subdivide. Bob Bills reviewed sub-division regulations; Mr. Lufkin needs to file his affidavit at the Lincoln County Registry of Deeds; recommends Mr. Lufkin seek legal advice. Applicant said each lot is 5 years old so Planning Board does not need to do anything. No sub-division created by information given to Planning Board; gave applicant guidance; no sub-division created.
Harold & Cathy Dauphin, Weary Pond, Map 11, Lot 28
Dennis Gould present on behalf of Dauphin. Arthur Strout, CEO, visited site today. Gerry Hendrix, abutter, provided 2 photos to Arthur Strout via email – presented to the Board; “wild life observatory”.
On 09/21/2010 Christi Mitchell authorized Arthur Strout to sign off on Notice to Build.
In response to questions asked by Steve Smith, Mr. Gould said there was no sanitation system; no hand washing facility; no lights and no provision for a generator; no vehicular access; access only by four-wheeler; it is an open room. Mr. Gould also said the owner has no credentials; just amateur photography. Planning Board reviewed and discussed land use tables in State of Maine Guidelines for Municipal Shoreland Zoning Ordinances dated August 4, 2007, Section 15. Principal or accessory structure? Planning Board has concerns on 100-foot setback. Would the present Planning Board have reached the same decision as previous Planning Board?
Harold & Cathy Dauphin, Weary Pond, Map 11, Lot 28 – Continued from page 1
Steve Smith said the Notice to Build indicates 16-ft x 16-ft structure; deck not indicated on Notice to Build; photos show deck. Dennis Gould said the deck is on the front – does not wrap around. Notice to Build was approved with old ordinance in effect; 1994 ordinance applies. Notice to Build form contains no expiration date. Code Enforcement Officer has duty to determine violation. Upon motion duly made and seconded, it was VOTED (4-0) to ask the Selectmen to initiate an inquiry into the validity of the Town’s approval of the Notice to Build of Mr. and Mrs. Harold Dauphin dated 9/13/10.
Upon motion duly made and seconded, it was VOTED (4-0) to approve the minutes of June 15, 2011 as printed.
Stephen C. Smith – Notice to Build – Map 26, Lot 28A – f/k/a Country Farms Restaurant
Steve Smith recused himself from the Board at this time; representing his son, Stephen C. Smith/Alessandro Corp. Mr. Smith stated 2-unit limit is not sub-division; potential for building is changing rapidly; applicant will be owner of surrounding property; and application will change. Bob Bills noted that Alessandro Corp. has not supplied complete application and fee; the Planning Board has nothing to act on so no contact has been made with legal counsel. Mr. Smith stated that the applicant wants to show good faith to Board to comply. No comment was received from the Code Enforcement Officer. Steve Smith re-entered the Planning Board at this time.
9:02pm – VOTED (4-0) to adjourn.
/s/ Robert J. Bills
Town of Whitefield, Maine – Planning Board
Minutes of Meeting held on August 17, 2011
Present: Bob Bills
David Spicer
Jim Torbert
Arthur Strout, Code Enforcement Officer
Absent: Steve Smith
Ann Roberts
Judy Maldovan, Recording Secretary
7:15 pm – With three members present constituting a quorum, the Meeting was called to order in the parking lot of the Town Office. Since Judy Maldovan was absent, Jim Torbert offered to prepare minutes. Offer accepted by all present.
The reading of the minutes for the meeting held on July 20, 2011 was tabled because only two members who were present at the July meeting were in attendance at this one.
Application of Stephen Viti, 17 Bass Ln – re: modifications to grandfathered camp structure.
Bob Bills recused himself from discussion. Mr. Viti had applied to raise the roof line of his camp by 5 feet in order to provide a sleeping loft, which would allow him to install a full bath on main floor with drains leading to a septic holding tank, also to be installed. CEO has jurisdiction, and he noted that the proposed expansion would be less than a 30% increase of the square footage of the existing structure and that the proposed roof height will be under the 35 foot maximum. The proposed storage tank system would also eliminate any run-off into Clary Lake that may be occasioned by the gray water system currently in use. David Spicer and Jim Torbert concurred, and Bob Bills re-entered the meeting.
Re: Variance to set-back on non-conforming lot of record belonging to Peter Presley on Village View Lane in Kings Mills.
In 2008, the Whitefield Planning Board had granted a variance for a structure to be built on said lot only 50 feet from the center of the road as long as that structure conformed to the rule requiring a 15 foot set-back from abutters.
A Motion was made and seconded at this meeting:
“The Whitefield Planning Board acknowledges and confirms that the reduction in set-back from 70 feet to 50 feet from the center of the road on Mr. Presley's property, as recorded in Bk. 3999, p. 176 of the Lincoln County Registry of Deeds on May 2, 2008, is still applicable.” Motion was passed 3-0.
8:00 pm VOTED (3-0) to adjourn.
PLANNING BOARD
MINUTES OF MEETING HELD ON SEPTEMBER 21, 2011
PRESENT: Bob Bills
Ann Roberts
Steve Smith
David Spicer
Jim Torbert
Arthur Strout, Code enforcement Officer
Judy Maldovan, Recording Secretary
Meeting held at Whitefield Town Office located on Townhouse Road, Whitefield. All members present. Meeting called to order by Bob Bills at 7pm.
Ted & Sarah Rideout
Mr. and Mrs. Rideout were present to discuss pre-1990 documents previously requested by Board. Following discussion, Findings of Fact were determined: (1) Mr. and Mrs. Rideout have presented evidence to the Planning Board that the lots were created prior to 1990 and that they have papers to that effect; (2) in the Town’s best interest the Board also grants a waiver to the 200-foot road frontage provision of the Minimum Lot Size Ordinance. Upon motion duly made and seconded, it was
VOTED (4-1-0 Steve Smith abstained-arrived late-not involved in all discussion) to approve Findings of Fact. A letter will be issued to Mr. & Mrs. Rideout, 452 Mills Road, Whitefield, Maine 04353, for them to record at the Lincoln County Registry of Deeds.
Dauphin Re: Notice of Violation
Arthur Strout, CEO, presented a copy of a letter sent to Mr. & Mrs. Dauphin and Dennis Gould, signed by Strout dated September 14, 2011 re: notice of violation; no response received to date.
Minutes of Previous Meetings
Upon motion duly made and seconded, it was VOTED (4-1-0 Jim Torbert abstained-not present at meeting) to approve the minutes of meeting held on July 20, 2011.
Upon motion duly made and seconded, it was VOTED (3-2-0 Ann Roberts & Steve Smith abstained-not present at meeting) to approve the minutes of meeting held on August 17, 2011.
9:00 pm – VOTED (5-0) to adjourn.
/s/ Robert Bills
PLANNING BOARD
MINUTES OF MEETING HELD ON October 19, 2011
PRESENT: Bob Bills
Ann Roberts
David Spicer
Jim Torbert
Judy Maldovan, Recording Secretary
ABSENT: Steve Smith
Meeting held at Whitefield Town Office located on Townhouse Road, Whitefield. All members present. Meeting called to order by Bob Bills at 7:15pm.
Sue McKeen and Dennis Merrill, Board of Selectmen, were present to discuss the Town’s ‘Notice to Build‘ form. Discussion points: charge fee; need for Ordinance; Town does not have a Building Code for enforcement; need for ‘Disclaimer’ on form; change title to ‘Permit’. The Planning Board will locate notes from earlier (possibly 2002) discussions on revisions to Notice to Build form. Selectmen would like to have a Building Permit Ordinance ready for the Warrant Articles for Town Meeting in 2012 which will require public meetings.
Steven E. Young, 9 Trestle Lane, Whitefield, Maine – Notice to Build
Mr. Young was present and completed a Notice to Build for an addition to an existing garage; no plumbing in addition; garage located behind his home. Planning Board reviewed Notice to Build form dated 10/19/2011; Bob Bills signed “Notice from Whitefield Planning Board” indicating “Approved Application”.
Harold & Kathy Dauphin, Weary Pond, Map 11, Lot 28 Re: Notice of Violation
Arthur Strout, Code Enforcement Officer, has received letter dated 09-22-2011 from Jenny Burch, Esq., Weiss Law Office, Bath, Maine re: Notice of Violation dated 9-14-2011; ‘Notice of Appeal’ dated 10/12/2011 addressed to Whitefield Board of Appeals from Weiss Law Office has been received.
Minutes of Previous Meetings
Upon motion duly made and seconded, it was VOTED (4-0) to table approval of minutes of meeting held on September 21, 2011 pending corrections.
9:00 pm – VOTED (4-0) to adjourn.
/s/Robert Bills
PLANNING BOARD
MINUTES OF MEETING HELD ON November 16, 2011
PRESENT: Bob Bills
Ann Roberts
David Spicer
Jim Torbert
Steve Smith
Judy Maldovan, Recording Secretary
Meeting held at Whitefield Town Office located on Townhouse Road, Whitefield. All members present. Meeting called to order by Bob Bills at 7:59pm.
Minutes of Previous Meetings
Upon motion duly made and seconded, it was VOTED (4-0 Steve Smith abstained; not present at meeting) to approve minutes of meeting held on September 21, 2011.
Upon motion duly made and seconded, it was VOTED (4-0 Steve Smith abstained; not present at meeting) to approve minutes of meeting held on October 19, 2011.
David Spicer, 373 Hunts Meadow Road, Whitefield – Map 15, Lot 48 – Notice to Build
Board reviewed Notice to Build a new agricultural structure (outbuilding) “proposed sap house”; size: 24 x 24. Upon motion duly made and seconded, it was VOTED (4-0; David Spicer recused himself) that based upon application submitted, the Planning Board finds that the Notice to Build will not violate the Town of Whitefield Ordinances.
Notice to Build form
Discussion on form for building permit application and ordinance. Need wording for Ordinance mandating the use of Permit Application to be presented to voters at the 2012 Town Meeting. Planning Board will write the Ordinance. Planning Board will have an open work session on Thursday, December 1, 2011 at 7pm at the Town Office, Townhouse Road, Whitefield to discuss the building permit process. Recording Secretary will post notice at Whitefield Post Office, Whitefield Superette Store, Coopers Mills Post Office, and Whitefield Town Office; notice will be published in the Lincoln County News on Thursday, November 24, 2011. If necessary, public hearing will be scheduled for December 14, 2011.
9:02pm – VOTED (5-0) to adjourn.
/s/ Robert Bills
Open Work Session on Changes in Building Permit Process
December 1, 2011, Town Office, Whitefield
Present: Bob Bills, Chairman
David Spicer
Jim Torbert
Judy Maldovan, Recording Secretary
Dennis Merrill, Board of Selectmen
`Frank Ober, Board of Selectmen
Absent: Steve Smith
Ann Roberts
Notice of Planning Board Open Work Session on Changes in Building Permit Process was published in the Lincoln County News. Notice was posted at Whitefield Town Office, Whitefield Post Office, Whitefield Superette and Coopers Mills Post Office.
7:10pm - Meeting called to order by Bob Bills; quorum present; meeting called to discuss building permit process, not about ‘building code” or to create a “building permit”.
Discussion: need to have official “application form” – has to be filled out for land use ordinances; require all applicants fill out “application form”; need individual permit for each particular ordinance. It is noted that application form does not need voter approval. Code Enforcement Officer is first point of contact for public. Notice to Build form is an advisory opinion of what applicant intends to do; application should have weight of failure/denial. Can Planning Board deny application (Notice to Build)? Planning Board reviewed 30-A M.R.S.A. §4103 re: building permits. Should stay away from use of word “building” and “structure” – “land use” preferred. Need to give public appeal rights. Cannot build until form completed and it’s accepted/not accepted. Do all ordinances state a form/application needs to be completed? Also appeal process? Need application form for all land use activities; needs to list all ordinances which are affected; list of actions that are excluded.
Prefer one article on Town Warrant. Development Ordinance, Sub-Division Ordinance and Wireless Ordinance state “application”; Manufactured Housing Ordinance does not.
Dennis Merrill said voter approval not necessary to do any kind of application; presented “draft” Ordinance for review; Frank Ober thinks ordinance route is best; written ballot (secret) required.
Tentative meeting scheduled for 12/14/2011 at 7pm to discuss “draft” Notice to Build Ordinance. Dennis Merrill will check on timeline for 2012 Town Warrant. May not need meeting on 12/14/11 – Bob Bills will let Planning Board know.
9:16pm – VOTED (3-0) to adjourn.
/s/ Robert Bills
PLANNING BOARD
MINUTES OF MEETING HELD ON December 21, 2011
PRESENT: Bob Bills
Ann Roberts
David Spicer
Judy Maldovan, Recording Secretary
ABSENT: Steve Smith
Jim Torbert
Meeting held at Whitefield Town Office located on Townhouse Road, Whitefield; three members present constituting a quorum; meeting called to order by Bob Bills at 7:59pm.
Minutes of Previous Meetings
Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on November 16, 2011.
Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on December 1, 2011.
Ted Chatham, 721 Townhouse Road, Whitefield; Map 7, Lot 21
Erik Ekholm present at meeting to speak on behalf of Mr. Chatham because Mr. Chatham is in North Carolina for holidays. Mr. Ekholm stated that he is not the builder. Mr. Chatham wants to build a 3-car garage, designed by George Parker, tearing down the 3-bay work building and replace with 3-car garage. He is requesting a waiver to Minimum Lot Size Ordinance. Rule is 70 feet from centerline of road. Notice to Build form with design and photo presented. This is a setback issue, not lot size issue. Mr. Chatham has spoken with his neighbors. David Spicer indicated that he has done work for Mr. Chatham and does not object to granting a waiver; he will not be present at next meeting on January 18, 2012. Bob Bills will contact Road Commissioner regarding site distance. Erik Ekholm will not be present at meeting on January 18, 2012.
Public notice to consider Ted Chatham’s request for waiver from Minimum Lot Size Ordinance will be published in Lincoln County News one week prior to next Planning Board meeting on January 18, 2012 and same posted at Town Office, Whitefield Post Office, Coopers Mills Post Office and Whitefield Superette.
Richard Cummings, 234 Vigue Road, Whitefield; Map 7, Lot 37
Mr. Cummings present with Notice to Build form for 24 x 30 garage which is already built; not commercial use; use is for workshop/garage; no plumbing; not in shoreland zone; not in sub-division. Bob Bills signed the Notice to Build.
Notice to Build Ordinance
Reviewed revised draft presented by Dennis Merrill, Selectman. Ann Roberts recommended that the Ordinance should be stapled to the Notice to Build form and that the Notice to Build form filled out prior to starting construction. Also reviewed timeline in email from Mr. Merrill. Discussion points: IV. 2. “Structure” defines everything; very inclusive. Need something about “structure” to limit what needs to be regulated; may need size; may need exclusions. Structure definition: permanent v. temporary. May need value on “structure”. May need “Exemption List” and leave Ordinance as is. May need value and size: $750/100 sq. ft. or $1,000/50 sq. ft; have to stay within Shoreland Zoning Ordinance. IV. “Definitions” need clarification. Statement: No exemptions shall apply in a shoreland zone. Two separate Notice to Build forms (1) shoreland zone and (2) non-shoreland zone. Planning Board has ability to regulate only structures that affect land use ordinance. “All structures must comply with Town Ordinances, no guarantee of approval.” Have to complete Notice to Build form to show qualification for exemption. May need to add copies of all Town Ordinances to accompany Notice to Build form – cost = $300 ± - charge applicant? Exempt: 8x8 stand alone accessory structures, value of $______ (taxable value) i.e. satellite dish. Bob Bills will reword “complete” application, VII. 2. and VII.1. Add definition of what “completed form” is – Bob Bills will do wording to include plumbing permit, Road Commissioner sign off. Public notice to accept public comment on proposed Notice to Build Ordinance will be published in Lincoln County News one week prior to next Planning Board meeting on January 18, 2012 and same posted at Town Office, Whitefield Post Office, Coopers Mills Post Office and Whitefield Superette.
9:30pm – VOTED (3-0) to adjourn.
/s/ Robert Bills