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Whitefield Planning Board Minutes

Most Recent Minutes are at the bottom of this page

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

 

TOWN OF WHITEFIELD, MAINE

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

 

TOWN OF WHITEFIELD, MAINE

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

 

TOWN OF WHITEFIELD, MAINE

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.


Carol Nye and Chris Francis, 156 Heath Road, Map 11, Lot 12

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:

  1. Confirmation of Arthur Strout, Code Enforcement Officer - revised plumbing permit; and

  2. DEP storm water PBR final paperwork.  No new signed documents have been received from Mr. Richards.  Applicant has provided the Board with evidence of mailing of Permit By Rule Application to Maine DEP; no response has been received from DEP.  The plumbing permit condition has been met.

 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

May 6, 2010

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 Structures

Upon 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

 

 

WHITEFIELD PLANNING BOARD

Town of Whitefield, Maine

Whitefield Town House

May 19, 2010

 

MINUTES

 

  1. Call to order. – Christi Mitchell called the meeting to order at 7:03 p.m

  1. Roll Call / Quorum – Four Board members were present:  Christi Mitchell, Jim Torbert, Steve Smith, and Beth Whitman.  One member, Bob Bills, was absent.  Secretary Judy Maldovan was absent, Christine Norris filled in for her.  Members of the public present:  Lucy Martin, Les Lufkin, Sam Hutchinson, Mr. & Mrs. David Elliott, Michael & Paula Cuthbercson, Carol Cifrino, Herb Hartman, Lynn Talacko, and Whitefield CEO Arthur Strout.

  1. Approval of Minutes – A motion was made by Ms. Mitchell to strike the approval of the April 21, 2010 and May 6, 2010 meeting’s minutes from the agenda due to the absence of Ms. Maldovan who possesses those minutes.  The motion was seconded by Ms. Whitman and passed unanimously.

  1. Election of Board officers – Ms. Mitchell made a motion to strike the election of Board officers from the agenda due to Mr. Bills absence and will address the item at the next meeting at which all Board members are present.  The motion was seconded by Ms. Whitman and passed unanimously.

  1. Approval of Agenda – Mr. Torbert made a motion to accept the agenda as amended, Ms. Whitman seconded the motion and was passed unanimously.

  1. Shoreland Zoning – Date & Location for Public Hearing

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. Review of Applications

    1. New Review:  Pre-Development Application

 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. Continuing Review: Development Application

 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. Old Business

 

    1. Travis Abbott – Request to re-open Avery Dunn gravel pit.

 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. 

    1. Shoreland Zoning Ordinance

      The board agreed they would have the next work session on June 2, 2010 after the special meeting.
  1. New Business – There was no new business.

  1. Public Comment – No public comment.

  1. Adjournment – Ms. Mitchell adjourned the meeting at 10:12 p.m.

   

Town of Whitefield, Maine

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

Whitefield Planning Board

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

 

Town of Whitefield, Maine

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

Planning Board

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:

 

  1. Shall an Ordinance entitled “Shoreland Zoning Ordinance for the Municipality of Whitefield” be enacted?

 

  1. Shall the Ordinance entitled “Whitefield Shoreland Use Regulation Ordinance As Passed and Amended by Special Town Meeting dated 27 June 1974” be repealed?

 

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

Planning Board

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

P.O. Box 58

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.

 

TOWN OF WHITEFIELD, MAINE

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

TOWN OF WHITEFIELD, MAINE

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

 

TOWN OF WHITEFIELD, MAINE

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

Whitefield Planning Board

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

 

 

TOWN OF WHITEFIELD, MAINE

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

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON January 18, 2012

 

 

PRESENT:       Bob Bills

                        Ann Roberts

                        Steve Smith

                        Jim Torbert

 

                        Judy Maldovan, Recording Secretary

 

ABSENT:         David Spicer

 

 

Meeting held at Whitefield Town Office, Townhouse Road, Whitefield; four members present constituting a quorum; meeting called to order by Bob Bills at 7:06pm.  Public notice for this meeting was placed in the Lincoln County News on January 12, 2012 and posted at the Town Office, Whitefield Post Office, Whitefield Superette and Coopers Mills Post Office: to consider the request of Ted Chatham, 721 Townhouse Road for Minimum Lot Size Waiver and to accept public comment on proposed Notice to Build Ordinance.

 

Ted Chatham, 721 Townhouse Road, Whitefield; Map 7, Lot 21

 

Ted Chatham, applicant and Ed Karass, abutter present.  Mr. Karass came to support Mr. Chatham’s request for waiver.  Mr. Chatham presented/reviewed colored aerial photos and sketch.  Mr. Chatham indicated there would be no permanent plumbing, no septic, and there would be an attic over one of the parking spaces in the new structure.  Bob Bills said there is no need to contact the Road Commissioner. There was discussion that the existing old home is closer than 53 feet to the centerline based upon sketch provided by applicant.  Upon motion duly made and seconded, it was VOTED (4-0) to grant a waiver under Section 4b of the Minimum Lot Size Ordinance of Whitefield from 70 feet of the centerline of a traveled way to 53 feet.  Finding of Fact will be prepared.  Mr. Chatham asked the Board if there was an expiration date on the Waiver and Bob Bills indicated there is not.

 

Minutes of Previous Meeting

 

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meeting held on December 21, 2011.

 

Notice to Build Ordinance

 

Discussion of second revision (“Draft Document for Discussion Purposes Only”) received from Dennis Merrill, Board of Selectmen.

 

Add (in bold) to Notice to Build form that all federal and state laws need to be complied with.  Code Enforcement Officer and Planning Board need to tell applicants.


 

Exemptions discussed permanent/temporary.

 

IV.       add: 5. Complete Notice to Build form.  All information necessary for Planning

            Board or Code Enforcement Officer to render decision.

 

IV.2.   add perimeter around “structure” (maybe 15 feet); structure does not include

            septic field; Notice to Build form required for “septic”; exclusive of “sub-surface       wastewater disposal system”; in addition to “fences” as defined herein; is not         binding on other ordinances; applies only to Notice to Build form; excludes septic,       landscaping less than two feet tall, retaining walls.  Add only (1) septics; (2) normal            landscaping or gardening features under two feet tall; (3) pool (?); (4) residential      utility.  All town ordinances need to be reviewed by applicant prior to building         structure.  Board members agreed to exceptions as septics; normal landscaping or gardening features under two feet tall; residential utility.

 

            “Structures” leave definition as is (case by case basis)

 

VI.       Title should be bold and underlined;

 

            Title “Applications” replaced with “Notice to Build”

 

VI.1.   word “application” in third sentence should be “Notice to Build”

 

            add:  3.  no blank spaces on Notice to Build form.  Notice to Build form should          state complete form to mean no blank spaces; can indicate N/A

 

VI. 2.  add: notices which Planning Board determines are incomplete or unclear

            will be returned

 

VII.     title “Decisions on Applications” should be “Decisions on Notice to Build”

 

VII.2. delete word “applications” and replace with “Notice to Build”

 

VII. 3. Delete last sentence “Such conditions may not be used to supplement or correct      information in the Notice . . . . . or grant any variance.”  Sentence prevents        Planning Board from granting waiver.

 

VIII.1.Delete “All work must be conducted” and replace with “The project must be constructed”

 

VIII. 2.15% definition? “Notice to Build will be (1) re-reviewed” or (2) subject to review   and revision”; cross out “a new Notice to Build must be filed with The Town

 

9:47pm – VOTED (4-0) to adjourn.

 

 

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON February 15, 2012

 

PRESENT:             Bob Bills

                                Ann Roberts

                                David Spicer

                                Jim Torbert

 

Judy Maldovan, Recording Secretary

 

ABSENT:               Steve Smith

 

 

Meeting held at Town Office, Townhouse Road, Whitefield; four members present constituting a quorum; meeting called to order by Bob Bills at 7:12pm.

 

Upon motion duly made and seconded, it was VOTED (3-0-1; David Spicer abstained - not present at meeting) to approve minutes of meeting held on January 18, 2012.

 

Notice to Build Ordinance

 

Discussion:  no perimeters; public utilities; small structure size; no value, size only; no fencing and landscaping.  Selectmen have scheduled two dates for public comment on Notice to Build Ordinance – 2/21/2012 and 2/28/12, 6:00pm at Whitefield School.  Meetings will be for comments/concerns only.  The Ordinance will be voted on (not secret ballot) at town meeting on March 17, 2012.  Bob Bills will work on form that will accompany Notice to Build for next Planning Board meeting.  Need key questions on “fact sheet” for applicant (may be several pages) for each Ordinance.  “Fact Sheet” does not need voter approval.  If Planning Board changes wording on Ordinance, voter approval is required.  Shoreland Zoning Ordinance is state regulated.  Town Ordinances should be clearer to understand.  Each Planning Board member will draft 1-2 key questions for an Ordinance(s):  Ann Roberts = Sub-Division; David Spicer = Minimum Lot Size; Jim Torbert = Wireless; and Bob Bills = Development, Septage and Residuals.

 

8:34pm - VOTED (4-0) to adjourn.

 

 

/s/ Robert J. Bills

 

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON April 18, 2012

PRESENT: Bob Bills

Ann Roberts

David Spicer

Jim Torbert

Steve Smith

Judy Maldovan, Recording Secretary

Dennis Merrill, Selectman (present at 7:50pm)

Hanora Perkins – Lincoln County News

Meeting held at Town Office, Townhouse Road, Whitefield; all members present; meeting called to order by Bob Bills at 7:04pm.

Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on February 15, 2012. Bob Bills noted that no meeting was held in March because of a lack of a quorum.

Discussion – animal housing (lean-to(s) for animals) structures on property of former Country Farms Restaurant (next to Whitefield Superette). Steve Smith said they are “agricultural” and do not require a Notice to Build. These structures were built before Notice to Build Ordinance was adopted on March 17, 2012.

Notice to Build Ordinance

Steve Smith will prepare 1 – 2 keys questions re: Shoreland Zoning Ordinance for meeting in June.

The Board reviewed the following Notice to Build forms which were in the Planning Board’s “in box”:

Notice to Build – Steven McCormick, 39 East River Road, Whitefield, Map 13, Lot 43B

Request to construct a 32 x 34 garage; discussion on residential v. commercial use;

approval only for residential?

Notice to Build – Scott Hayden, 26 Heath Road, Map 14, Lot 003A

Request to construct a 24 x 30 stick built addition to residence

Notice to Build – Stephen (Sandy) Benne, Hunts Meadow Road, Map 15, Lot 10

Request to construct a one-story 24 x 16 outbuilding (sugarhouse). This property is woodland with no other buildings at this time.

Notice to Build – Ricky & Margaret Real, 246 Vigue Road, Map 16, Lot 38

Request to construct a 10 x 20 deck as addition to single family dwelling

Notice to Build – Anthony Coco, 487 Townhouse Road

No map and lot number indicated on form; request for 16 x 32 in ground pool

Notice to Build – Brock & Erin Bessey, 72 So. Hunts Meadow Road, Map 12, Lot 2

Request to construct 28 x 36 garage; N/B form indicates “may change to 44”; purpose is dog training center; narrative attached to form

Bob Bills made a motion to turn all Notice to Build forms over to Code Enforcement Officer Arthur Strout. Motion died – no second.

Upon motion made by Ann Roberts, seconded by Jim Torbert, it was VOTED (5-0 to approve all Notice to Build forms with the exception of Brock & Erin Bessey and Stephen Benne.

Election of Officers: Bob Bills, Chairman; Steve Smith, Secretary

Bob Bills asked Steve Smith if he is the official representative of Alessandro Corp. in re: Notice to Build application for 3 dwelling units and a function room at the former Country Farms Restaurant location. Steve Smith replied that he could not answer the question and that he will recommend to Alessandro Corp. to withdraw the Notice to Build application.

10:03pm – Voted (5-0) to adjourn the meeting.

/s/ Robert Bills

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON May 16, 2012

PRESENT: Bob Bills

Jim Torbert

Steve Smith

ABSENT: Ann Roberts

David Spicer

Judy Maldovan, Recording Secretary

Arthur Strout, Code Enforcement Officer

Dennis Merrill, Selectman (present at 7:45pm)

Meeting held at Town Office, Townhouse Road, Whitefield; 3 members present constituting a quorum; meeting called to order by Bob Bills at 7:05pm.

Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on April 18, 2012.

David & Nancy Bryant, Route 194, Whitefield

Re: Map 31, Lot 6 - David & Nancy Bryant

Re: Map 31, Lot 7 - Glenice Bryant, deceased

David and Nancy came to meeting to find out requirements to build a residential

2-door garage with no plumbing and no second floor on the property located on

Map 31, Lot 7 formerly David’s mother’s. Discussed Minimum Lot Size Ordinance - setback is 70 feet from centerline of road to front of garage; ability to put in driveway – State Dept. of Transportation will issue driveway permit; need to know actual total road frontage on Route 194 and Townhouse Road – needs to be 200 ft for each. Planning Board needs to know boundary lines and suggested a survey of property.

Notice to Build – Brock & Erin Bessey, 72 So. Hunts Meadow Road, Map 12, Lot 2

Arthur Strout presented info from State Dept. of Agriculture re: dog training facility. Ten to twelve dogs present at one time with owners waiting for their dogs; dogs are not kenneled on property; seasonal business. Concern: disposal of dog feces. Notice to Build does not indicate number of acres. Bessey needs to propose plan to Dept. of Agriculture; Town has no applicable ordinance. Options for feces disposal: (1) no waste on site; (2) pick up 1-2 times per week (letter from trash hauler agreeing to pickup and disposal of feces; (3) on-site method of disposal. Bessey said there is no bathroomfacility in garage – maybe portable toilet. Notice to Build is subject to Development Ordinance. Planning Board said Bessey needs to come to Planning Board to request development permit for commercial building (selling a service). This is not in shoreland zone; Bessey needs to contact Road Commissioner. Arthur Strout will arrange site walk by Planning Board for Wed, May 23, 2012 at 6:00pm.

Notice to Build form

Discussion:

Page 1 (#3) leave “Shoreland Zone”

Page 2 (#4) replace “Modular” with “Manufactured/Modular/Trailer

“Notice to Build Review” form replaces postcard – would not be attached to Notice to Build; Code Enforcement Officer completes “Notice to Build Review”.

9:50pm VOTED (3-0) to adjourn.

/s/ Robert Bills

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON June 20, 2012

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON June 20, 2012

PRESENT: Bob Bills

Ann Roberts

Steve Smith

David Spicer

ABSENT: Jim Torbert

Judy Maldovan, Recording Secretary

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present constituting a quorum; meeting called to order by Bob Bills at 7:10pm.

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meeting held on May 16, 2012.

Notice to Build – Brock & Erin Bessey, 72 So. Hunts Meadow Road, Map 12, Lot 2

Statement provided by D&PJ (trash hauler) that it will take care of pickup and disposal of dog feces; 28 x 36 single story building to be built. Arthur Strout, CEO, was only person present at site visit on March 23, 2012. Bob Bills asked Mr. Bessey to review Town’s Development Ordinance and then call him; no call received from Mr. Bessey. Planning Board received and reviewed information submission dated June 18, 2012.

Upon motion duly made and seconded, it was VOTED (4-0) to issue an advisory opinion stating that based upon information as submitted by applicant dated June 18, 2012 and the following conditions that the Planning Board feels this is a home business and is exempt under Section 5 of the Town’s Development Ordinance:

  1. no more than 7 vehicles parked on property at one time;

  2. no parking on South Hunts Meadow Road;

  3. vehicle traffic shall be confined to gravel driveway;

  4. dog feces must be removed by trash hauler as stated in information

package dated June 18, 2012;

  1. no boarding of dogs at any time; and

  2. septic use will be limited to use as stated in June 18, 2012 information package.


Steve Smith recused himself at this time.

Notice to Build – proposed addition to back of ice cream stand located on Route 17 (may or may not do); Steve Smith asked if Arthur Strout, Code Enforcement Officer, has authority to approve Notice to Build on commercial property. Section 2B of Development Ordinance states: “Planning Board shall administer this Ordinance.” Planning Board cannot authorize Arthur Strout, CEO. Present size of building is approximately 310 square feet. Addition will double space. Addition will be an extension of the kitchen and will also be an extension of business. No completed application on file for ice cream stand. Development Application and Standards Checklist provided to Mr. Smith.

9:50pm VOTED (3-0 Steve Smith recused) to adjourn.

/s/ David Spicer

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON August 15, 2012

PRESENT: Ann Roberts

Steve Smith

David Spicer

Judy Maldovan, Recording Secretary

ABSENT: Bob Bills

Jim Torbert

Meeting held at Town Office, Townhouse Road, Whitefield; 3 members present constituting a quorum; meeting called to order by David Spicer at 7:09pm.

Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting held on June 20, 2012.

Tom Armstrong, Morton Lumber, Inc., Map 8, Lot 40 (off Jewett Road)

Dave Shibley, licensed forester, was present on behalf of Mr. Armstrong. Mr. Armstrong wants to harvest more than the 40% allowed in the Shoreland Zoning Ordinance. He has spoken with Arthur Strout, Whitefield Code Enforcement Office, and also Earl Townsend of the State Dept. of Environmental Protection who sent him back to the Planning Board. Property consists of 500± acres; some wetland on property. Planning Board reviewed 2007 field survey; some trees are rotting out.

The Town’s Shoreland Zoning Ordinance states:

“O. Timber Harvesting 2.b. Timber harvesting operations exceeding the 40% limitation in paragraph a. above, 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. The planning board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the planning board’s decision.”

Mr. Shibley indicated that there would be a “fully stocked stand”.

Upon motion duly made and seconded, it was VOTED (3-0) to grant an exception from the 40% rule on 2 acres in Stand 1 and 5 acres in Stand 1A; total of 90 acres in Stand 1 and 1A with remainder in shoreland zone to be in accordance with the current Ordinance. The Planning Board will notify DEP of this exception and will send a copy to Timberland Consultants, P.O. Box 126, Nobleboro, Maine 04555.

Steve Smith voluntarily recused himself at this time so he could represent himself on the following matter.

Stephen C. Smith, Map 18, Lot 14G, (Route 17) Ice Cream Stand Expansion

Development Application/Standards Checklist reviewed with Board. Mr. Smith presented the following:

1. sketch;

2. floor plan of addition;

3. floor plan of existing structure;

4. elevations; and

5. TOPO.

Existing structure is 13 x 28 and addition will be 16 x 36; septic is rated for food preparation; landscape will remain as now exists – natural foliage (some existing grass); prefers not to plant trees for security reasons; David Spicer would like to see shade trees.

The Board requests that Mr. Smith bring to the next meeting: square footage; measurements on sketch; timeline for completion. Mr. Smith said that he wants to start construction within 30 days. He is also requested to bring a landscape plan and erosion plan which can be presented by comment.

Mr. Smith requested the following be entered on the record:

“Applicant would like to say he appreciates the Planning Board’s attentiveness, and is disappointed that no quorum is present. He feels he has shown exemplary effort in relation to compliance and has notified the Board that he has to make business decisions before final approval and it appears to him that he is compliant with all rules and regulations of the Town of Whitefield.”

David Spicer stated that the Board present tonight has no authority to tell Steve Smith to go forward; approval was not granted due to lack of a quorum and 2 weak areas on the application.

Steve Smith re-entered the Board at this time.

8:45pm – VOTED (3-0) to adjourn.

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD ON September 19, 2012

PRESENT: Bob Bills

Steve Smith

Ann Roberts

David Spicer

Jim Torbert

Judy Maldovan, Recording Secretary

Meeting held at Town Office, Townhouse Road, Whitefield; 5 members present; meeting called to order by Bob Bills at 7:04pm

The Board agreed to waive approval of minutes of the August 15, 2012 meeting until the end of this meeting.

Jim Hatch, Rooney Lane – Sub-Division

Land purchased in 1986 and 1999; wants to sell property (not in its entirety); lot 18 and lot 17 are on one deed; lots no. 1 have been sold with house on August 3rd; lot no. 3 (Eastern River) sold to Colpitt; other lot no. 3 has a purchase and sale agreement with Morin; properties have been sold to abutters. Three parcels sold in 5 years create

sub-division. Lots sold to adjoining owners do not count.

Upon motion duly made and seconded, it was VOTED (4-0) (Bob Bills abstained; he surveyed property) to accept that the division and sale of the lots (Lot 33 and 34) as presented does not represent sub-division. A copy of the minutes/finding of fact will be provided to Jim Hatch, 248 Lower Pond Road, Bristol, Maine 04539.

Milva Smith, Mills Road, Map 26, Lot 28A

Notice to Build submitted in January for property formerly known as Country Farm Restaurant for 4 apartments. Letter submitted to amend the Notice to Build (apartments). Applicant wants to divide into 2 residential units and 2 commercial units; kitchen and seating are still there; common entrance for all commercial units. Development Ordinance governs because Country Farm Restaurant was approved under the Development Ordinance. Has it been 5 years since first rental? Three or more changes within 5 years? Has not been 5 years. The Board will get legal opinion/clarification from Maine Municipal Association and/or State re: sub-division. The Board will request the Selectmen to get an opinion from the town attorney. The restaurant kitchen and seating does not fall in Development Ordinance.

Ann Roberts made a motion that the Planning Board request the Selectmen to obtain a legal opinion from the town attorney re: commercial space. (2 dwelling spaces within 5 year period constitutes sub-division) Motion seconded by Steve Smith. Board approved Steve Smith to enter in discussions. Motion amended: If division of existing commercial space into one commercial space and two residential spaces, divide commercial space in 2 commercial spaces and 2 residential spaces. Upon motion duly made and seconded, it was VOTED (4-0) to accept motion as amended. (Steve Smith recused himself) Exists at present time: two dwelling units with home business (hair and nail salon) in one unit. At present time there are 2 dwelling units with home business (hair and nail salon) in one unit.

Steve Smith voluntarily recused himself at this time so he could represent himself on the following matter.

Stephen C. Smith, Map 18, Lot 14G, (Route 17) Ice Cream Stand Expansion

Mr. Smith said that this meets the setback requirements.

Landscaping: Mr. Smith said that area has history of criminal activity and he does not want to put up anything that would hinder sight.

There is a dumpster on site that will accommodate the food establishment and the storage units; tenant will rent own dumpster.

Mr. Smith said that there will be no more people and traffic than generated by the previous ice cream business; square footage changed on the Notice to Build to 1,278 sq. ft. Mr. Smith changed gallons per day to 549.

Upon motion duly made and seconded, it was VOTED (4-0) (Steve Smith recused) that the Development Application of Stephen Smith is a complete application for expansion of the ice cream stand.

Mr. Smith said that he is a site evaluator and has soils experience and is qualified under the Maine State Plumbing Code to comment on erosion issues. Mr. Smith stated that the roof area does not affect drainage and does not cause erosion problem(s).

Upon motion duly made and seconded, it was VOTED (4-0) (Steve Smith recused) that it is not necessary to hold public meeting due to the minor nature of the project; $75.00 filing fee required.

Planning Board reviewed the Standards Checklist and determined that the application met all Standards with one condition that the timeline for completion. Discussion followed. Mr. Smith said that he will meet the standard of 15% within one year.

Upon motion duly made and seconded, it was VOTED (4-0) (Steve Smith recused) to approve the Development Application with the condition that the applicant will meet the standard of 15% completion within one year.

Lee Richards, property located on Route 17

Dennis Merrill, Board of Selectmen, present to discuss public concerns re: noise level and completion of work. Has Mr. Richard’s permit expired? Application was approved on April 21, 2010; no special conditions of approval.

Upon motion duly made and seconded, it was VOTED (4-0) (Steve Smith had already left meeting) to approve minutes of meeting held on August 15, 2012.

9:50pm – VOTED (4-0) (Steve Smith had already left meeting) to adjourn.

/s/Robert Bills

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD on December 19, 2012

PRESENT: Bob Bills

Ann Roberts

David Spicer

Jim Torbert

Judy Maldovan, Recording Secretary

ABSENT: Steve Smith

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; meeting called to order by Bob Bills at 7:05pm.

Due to lack of quorum, no meeting was held in November, 2012.

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meeting held on September 19, 2012.

8:00pm – VOTED (4-0) to adjourn.

/s/ Robert J. Bills

TOWN OF WHITEFIELD, MAINE

PLANNING BOARD

MINUTES OF MEETING HELD on February 20, 2013

PRESENT: Bob Bills

Ann Roberts

David Spicer

Jim Torbert

Judy Maldovan, Recording Secretary

ABSENT: Steve Smith

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; meeting called to order by Bob Bills at 7:11pm.

Meeting scheduled for January 16, 2013 was cancelled due to weather conditions.

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meeting held on December 19, 2012.

8:06pm – VOTED (4-0) to adjourn.

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on March 20, 2013

 

Present:           Bob Bills (has been sworn in for new term)
Ann Roberts (has not been sworn in for new term)
David Spicer
Jim Torbert
Susan McKeen (has been sworn in)

                        Dennis Merrill, Selectman (came in at 8pm)

                        Judy Maldovan, Recording Secretary

 

Meeting held at Whitefield Fire & Rescue Station, Townhouse Road, Whitefield;
5 members present; meeting called to order by Bob Bills at 7:13pm.

Upon motion duly made and seconded, it was VOTED (3-0/Sue McKeen not member on 2/20/13) to approve minutes of meeting held on February 20, 2013.

David Spicer nominated Ann Roberts as Secretary; Ann declined nomination.

Upon motion of Jim Torbert, seconded by David Spicer, Sue McKeen was nominated as Secretary; Sue accepted nomination; VOTED (3-0) Susan McKeen as Secretary.

Upon motion of David Spicer, seconded by Jim Torbert, Robert Bills was nominated as Chairman for 3 years; Bob accepted nomination; VOTED (3-0) Robert Bills as Chairman for 3 years.

Ryan Wilson & Gina Simmons, d/b/a Commonweath Poultry Company

Commonwealth Poultry Co. is licensed with Dept. of Agriculture with a location in Unity, Maine.  They are currently looking to expand to Whitefield in the former C.M. McCormick Plumbing & Heating building at 6 East River Road, Whitefield.  The chickens, some broilers, mostly ducks, will be raised at Treble Ridge Farm, East River Road, Whitefield and processed at the former McCormick building.  State has been contacted about standards, water and waste management.  Bob Bills stated Planning Board has never regulated agriculture.  Sue McKeen said she is not sure what Board’s position in this is.  Bob Bills said Board needs to review the original development application which is McCormick and


Ryan Wilson & Gina Simmons, d/b/a Commonweath Poultry Company(cont’d)

look at changes from old use and new use.  Ryan Wilson stated they “are not expanding footprint at all” and “not using any water systems”.  Mr. Wilson further stated the birds will be brought to the building; stored in crates; killed and gutted in separate room; water and waste will be trucked off site; building will be used
3–5 days per week.  This is a composting facility at the “farm”.  Waste can go to any facility.

Rufus Percy, representing Treble Ridge Farm, spoke about the “farm”; waste storage; birds will be raised at farm and processed at McCormick building.  McCormick building is 40ft x 40ft in back; 12ft x 16ft washable room; 20ft x 16ft packaging & walk-in cooler.  The birds will be trucked out to mostly farmer’s markets.  Trucks can pull up to loading door to pickup waste; no odor; not seen; self-contained & quick; put into sealed containers; in house ventilation; air exchanger needed in room where birds killed; air will be exchanged from in to out.

Bob Bills said there is no zoning in Whitefield.

Sue McKeen said PB may need to contact Maine Municipal Assn. to see if PB has responsibility of “change of use”.

Christi Mitchell, neighbor of Treble Ridge Farm, in favor of business, asked if ordinance is or is not applicable.

Ann Roberts asked about noise level; Taryn Hammer who has worked at Union facility said the operation is pretty silent.  The State says “on farm processing facility”; they say agriculture.

Peter Froehlich, in favor of business, stated he feels this is an agricultural business and asked PB members if residential, commercial or industrial.  Business is under time constraints; MMA opinion will take time; “ducks are coming”.

Planning Board can ask Maine Municipal Assn for written legal opinion or each member of PB can formulate an opinion and vote.  [This is not subject to the development ordinance.]  Jim Tobert recused himself from voting: Rufus Percy is his son-in-law); 3 Planning Board members can vote: Bob Bills, Sue McKeen and David Spicer.

Bob Bills: Development Ordinance does not clearly regulate this business; sufficient information presented at this meeting to make a decision? This is a new development; Development Ordinance is to regulate.

Ryan Wilson & Gina Simmons, d/b/a Commonweath Poultry Company(cont’d)

Sue McKeen:  there are problems with Development Ordinance.

At this time Planning Board members indicated they are ready to vote.

“The application of Ryan Wilson and Gina Simmons d/b/a Commonwealth Poultry Company having been submitted to the Planning Board in writing and orally, does the Planning Board feel the Development Ordinance is applicable?”
[Notation: Ann Roberts has not been sworn in prior to this meeting; Jim Torbert has recused himself.] No discussion.  VOTED:  1=yes (Bob Bills); 2=no (Sue McKeen and David Spicer) Development Ordinance does not apply to this application.  State Dept of Agriculture will regulate.

Freedom of Information Act

Members need to get training and sign off – “self-certification”.

Discussion: Shoreland Zoning Ordinance; Town is under 1994 ordinance; must use white map from 1994; cannot use color map; Bob Bills will ask DEP for new map.

Bob Bills:  long-range plan = put all Planning Board ordinances (certified) on Town website; Dennis Merrill will print and check ordinances.

Dennis Merrill asked Planning Board if they would hold future meetings at fire station stating there is not much space at town office; public accessibility is better at fire station.

Discussion:  Comprehensive Plan; Dennis Merrill suggested Ad hoc Economic Development Committee

9:30pm – VOTED (3-0) to adjourn.

 

/s/ Susan B. McKeen

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on April 17, 2013

 

Present:           Ann Roberts (sworn in near end of meeting)
David Spicer
Jim Torbert

                        Judy Maldovan, Recording Secretary

                        Dennis Merrill, Selectman

Absent:            Bob Bills
Sue McKeen

 

Meeting held at Town Office, Townhouse Road, Whitefield; 3 members present; meeting called to order by Jim Torbert at 7:15pm.

David & Nancy Bryant, Route 194, Whitefield
Re:  Map 31, Lot 6 - David & Nancy Bryant
Re:  Map 31, Lot 7 - Glenice Bryant, deceased

David and Nancy Bryant present; discussion only; no quorum present without Bob Bills or Sue McKeen present.  Ann Roberts has not been sworn in.  Reviewed survey submitted by Bryants.  They would like to build garage on Lot #7.   David Bryant stated this would be “storage garage not for business”.  Storage is for antique auto.  Minimum Lot Size Ordinance, Section 4, Specifications (B) states “all new physical structures . . . . shall be set back a minimum of 70 feet from the center of the traveled way portion . . . . " This structure would be 40 feet from centerline of road; possible waiver on 70-ft setback. Bryants said that 40 feet is standard for most places on their road.  Bryants noted historical use of the area for July 4th celebration of Kings Mills Volunteer Fire Dept.  It may be helpful to visit site.  Jim Torbert called Bob Bills on his cell phone and discussed situation. (question if Bob Bills could be considered virtually present)  Planning Board reviewed minutes of May 16, 2012.  David Spicer left meeting at 7:35pm.  It was agreed that the Board would waive the setback requirement when a quorum was present.  Jim Torbert said the Bryants could start groundwork on the area.  Notice to Build form approved by Arthur Strout, Code Enforcement Officer, on April 19th.

David and Nancy Bryant agreed to meet with the Board at next regular meeting on May 15th.

Ann Roberts was sworn in by Judy Maldovan, Notary Public, prior to the Bryants leaving and before David Spicer returned to meeting.

Bryants left meeting and soon after David Spicer returned to meeting – had done site visit.  He noted that the house had an enclosed porch.  Following discussion, Jim Torbert said he would contact David Bryant in the morning and request that the garage be set back to match the garage on the other side of the house – approximately an additional 16 feet back.  See attached emails.

Dennis Merrill – Tax Maps

Digital work has been completed and paid for by a grant.  More work needs to be completed; cost will be approximately $2,000; Town may ask Planning Board to contribute.  Planning Board is invited to a demonstration by the company – date to be announced.

Comprehensive Plan dated 11-08-2005 given to PB members.

Clary Lake Dam

April 30th – open meeting at Selectmen’s Meeting

May 22nd at 7:00pm (tentative) town meeting re: dam ownership; authorize selectmen to negotiate with owner(s).  Dennis Merrill explained process to change ownership.
Clary Lake Association wants ownership; lake itself is owned by the State; dam is mortgaged; State Dept. of Environmental Protection is involved in the water level.

8:45pm – meeting adjourned.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on May 15, 2013

 

Present:           Bob Bills
Ann Roberts
David Spicer
Jim Torbert
Sue McKeen

                        Judy Maldovan, Recording Secretary

                        Arthur Strout, Code Enforcement Officer

 

Meeting held at Town Office, Townhouse Road, Whitefield; 5 members present; meeting called to order by Bob Bills at 7:10pm.  Approval of minutes for March and April tabled until later in meeting.

David & Nancy Bryant, Route 194, Whitefield
Re:  Map 31, Lot 6 - David & Nancy Bryant
Re:  Map 31, Lot 7 - Glenice Bryant, deceased

Jim Torbert reviewed discussion at April 17th meeting with David and Nancy.  House on land in question was built in approximately 1920.  The proposed garage is to store antique cars to free up garage attached with house and then split the lot.  Property runs behind Kings Mills Union Hall.  Restriction on new lot that prevents it being used for residential; new lot will go with David & Nancy’s home located across the street.  Board discussed Minimum Lot Size Ordinance requirements.  David Bryant said that he cannot build garage on his property: not adequate space; 30-ft dropoff containing fill; spring on neighbor’s land.  The proposed building is not a dwelling.  Notice to Build does not mention the creation of a new lot.  Board noted that the Bryants have 268 feet of frontage so they have what is necessary to build and also have sufficient acreage.  Sue McKeen stated that the Planning Board is not concerned with what the Bryants do in the future as to sale of part of the property in question.  The Notice to Build was revised to indicate “70 feet off the road with today’s date-5/15/2013”.

Upon motion duly made and seconded, it was VOTED (5-0) to approve the Notice to Build in the minutes of the Planning Board as of today as amended: “70 feet off the road”.


 

 

Calvin and April Cooper, Pittston, Maine

The Coopers are looking at property in Whitefield, 10 Wiscasset Road (formerly owned by Mike Shaw; and once known as Andy Hall’s store).  Possible usage: bar and grille.  Issues to be considered: year round or seasonal business.  Bob Bills suggested that the Coopers may need a consultant who will do research on Shoreland Zoning Ordinance, Minimum Lot Size Ordinance, septic system design, Maine State Plumbing Code (Arthur Strout, CEO); if property is in 100-year flood plan rules; DOT parking/traffic/entrance; food license; water supply; site capable of handling what you want it to do.

Imelda Yorkus, Vigue Road, Whitefield

Mrs. Yorkus may want to sell a piece of her land and/or donate a piece of land to the local food bank for the construction of a building to store food for the food bank.  It would be necessary to construct a road to the lot to avoid the 200-ft road frontage requirement.  Minimum lot size is 1.5 acres and requires 70-feet from center of road.  Mrs. Yorkus said that the property has swamp land.  Board suggested that Mrs. Yorkus may want to consult a professional to look at the land and make recommendations.

David & Judy Gage, Route 218 South, Whitefield, Map 13, Lot 68

Leon Garrett was present to speak on behalf of David & Judy Gage; brought Notice to Build form.  The owners want to build 3-season camp on 20 acre lot which is 320 feet to the river from their house, 750 feet to the road; and has existing driveway.  Board advised owners to contact Arthur Strout, Code Enforcement Officer.

Steve Smith (Jr)-Alessandro Corp.,17 Mills Road, Map 26, Lot 28A

Sue McKeen asked Arthur Strout about status of property re: 2 apartments, 1 business (maybe home business/beauty shop), sub-division; sign advertising law office (is office located in building?).  Two apartments and law office creates 3 units = sub-division.  Planning Board and/or Arthur Strout need to do site visit.  Bob Bills and Arthur Strout said they will talk with Steve Smith, Jr.

John Delvecchio, Route 218, a/k/a ‘The Plains’

John Delvecchio discussed gravel pit permit of H.C. Crooker; they are proposing to go below water level.  Does Planning Board have authority to review? Is there a town ordinance to cover this? Mr. Delvecchio has spoken with State DEP and they indicated they will complete their review next week.  The Board reviewed PB files on Crooker.


Upon motion duly made and seconded, it was VOTED (5-0) to approve as amended the minutes of March 20, 2013.

Upon motion duly made and seconded, it was VOTED (3-0; Bob Bills and Sue McKeen abstained) to approve the minutes of April 17, 2013.

Bob Bills noted that he has accepted a new employment position in Fort Kent beginning July 1st.

  
9:50pm – meeting adjourned.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on July 17, 2013

 

Present:       David Spicer
Ann Roberts
Jim Torbert
Glenn Angell (has been sworn in/replace Bob Bills)

Absent:       Sue McKeen

                   Judy Maldovan, Recording Secretary

 

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; meeting called to order by Jim Torbert at 7pm.

Upon motion duly made and seconded, it was VOTED (4-0) to elect Jim Torbert as Chairman of the Planning Board.

Bruce Matthews re: property for sale in Kings Mills: no show

Lynn Glidden, 645 Vigue Road, Whitefield, Map 020, Lot 014B

Arthur Strout, Code Enforcement Officer, denied Notice to Build – not enough land – Minimum Lot Size Ordinance.  Presently there is 28 x 40 barn and personal residence; 2.80 acres in lot; Lynn wants to put apartment above the barn to be used as single family/"guest quarters"; may be used for her son; will share common driveway.  Well already on property than can take care of all buildings – she would put in another septic – not use the current septic for apartment.  Lot is 2/10 acre short of size required by Minimum Lot Size Ordinance.  Lynn does not want to split the parcel; lot cannot be divided into
2 non-conforming lots.  Upon motion duly made and seconded, it was VOTED (3-0) (Glenn Angell abstained from vote because he is new to Board) to grant a waiver to the Minimum Lot Size Ordinance for this project.

Approval of minutes moved to August meeting.  It is noted that there are no minutes for 06/19/2013 meeting.  No business came before the Board.

Discussion on Sub-Division Ordinance, Minimum Lot Size Ordinance and Comprehensive Plan.  Jim Torbert will assign sections to read, interpret and give recommendations.  Jim Torbert will also send out reminders and web link for the Comprehensive Plan.

8::03pm – meeting adjourned.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on August 21, 2013

Present:       Jim Torbert
David Spicer
Glenn Angell
Susan McKeen

Absent:       Ann Roberts

                   Judy Maldovan, Recording Secretary

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; meeting called to order by Jim Torbert at 7:02pm.

­Alan & Linda Clark, 392 Devine Road, Map 019, Lot 012C

Linda Clark present at meeting re: Notice to Build proposed garage 22 x 22; 50 feet back from center of road; large drop off in back of land; very costly to move building back further.  Mrs. Clark has spoken with the Road Commissioner.  James Solomon, neighbor, present at the meeting; his house is approximately 50 feet from center of road.  Upon motion duly made and seconded, it was VOTED (4-0) to approve a waiver for the 50-foot setback.  Board completed Certificate of Waiver Approval; Mrs. Clark will record it at the Lincoln County Registry of Deeds and provide a copy of the document after it is recorded.

Steve Smith, Sr., ice cream stand on Route 17

Existing structure is 800 square feet; Steve proposes an addition of 28 x 65.  Steve indicated that he has no particular purpose at present time; looking to the future; “building for speculation”.  Steve requests Board to let him know what information Board requires.  Board was unable to locate previous files during meeting.  David Spicer asked if this is an “informational meeting” and Steve replied yes.  Sue McKeen stated this is not pre-application meeting and Steve replied yes.

Steve indicated that he has “Plan B” re: Map 18, Lots 14E, F, G, and H which he currently owns; he recently acquired Lot 14 (80 acres).  He is prepared to work with the town to start a commercial park.  Steve proposes Economic Development Committee; Selectmen would need to form “Committee”.  Planning Board stated it does not have authority in this matter.

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meetings held on April 17, 2013; May 15, 2013; and July 17, 2013.

9:06pm – Adjourned.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on September 18, 2013

Link to September Minutes

 

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on December 18, 2013

 

Present:       Jim Torbert
Sue McKeen
Ann Roberts
Glenn Angell

                   Judy Maldovan, Recording Secretary

Absent:       David Spicer

 

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; Jim Torbert called meeting to order at 7pm; no meeting in November, 2013.

Upon motion duly made and seconded, it was VOTED (4-0) to accept minutes of meeting held on October 16, 2013 as amended to correct address of Ellis Percy to 190 Howe Road.

Discussion of village districts and changing minimum lot size ordinance in preparation of work session on Thursday, December 19, 2013 with Selectmen and Bob Faunce, Lincoln County Planner, Lincoln County Regional Planning Commission; discussion on language of sub-division ordinance, minimum lot size ordinance; development ordinances -  need to make sure all ordinances agree with one another.  Glenn Angell not be able to attend meeting.

7:54pm – Ann Roberts resigned and left meeting.

Members agreed that concentration needs to be on definitions in ordinances and that Selectmen should let them know what they are trying to accomplish.

Further discussion on group housing for elderly, cluster housing, mobile home parks and 2014 town budget re: planning board.

8:48pm – VOTED (4-0) to adjourn.

 

/s/ James Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on January 15, 2014

 

Present:       Jim Torbert
Sue McKeen
Glenn Angell
Marianne Marple (will complete term of Ann Roberts who resigned 1-6-14)

                   Arthur Strout, Code Enforcement Officer
John Delvecchio, resident

                   Judy Maldovan, Recording Secretary

Absent:       David Spicer

 

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; Jim Torbert called meeting to order at 7:03pm.

Harry C. Crooker & Sons, Inc.

Discussion of permitting process allowing Crooker to go down to bedrock at Palmer Road location.  Original permit required Crooker to file quarterly soil reports re: protection of quality of water.  Governor LePage will re-introduce legislative bill to abolish licensing of geologists and soil scientists which will have impact on Crooker pit.  In Dec., 2013 Maine Dept. of Environmental Protection granted a variance to Crooker allowing excavation of the gravel pit to bedrock creating a pond.  State has sent letter to Town stating it granted a variance to Crooker on their license. Crooker has not notified Town.  In 1988 Town issued permit to Crooker with certain conditions – nothing on file with Town from Crooker for alteration(s).  Jim Torbert will do letter to DEP asking grounds for granting variance to Crooker.

Upon motion of Sue McKeen, seconded by Glenn Angell, it was VOTED (4-0) to appoint a committee of 2 persons to pursue issues with Crooker’s pit permit.  Upon motion duly made and seconded, it was VOTED (4-0) that Glenn Angell and Marianne Marple will serve on said committee.

Town has legally valid Development Ordinance; Planning Board has no application from Crooker for change/variance approved by DEP.


John Delvecchio – need to have applicable ordinance looked at by experts in this field (Brad Caswell, hydro geologist & former resident) to be sure the ordinance has teeth; also Maine Municipal Authority and/or town attorney.  Town’s appeal period to DEP expired today at 5pm.

Robert Faunce, Lincoln County Planner, LC Regional Planning Commission, has previously stated that Town’s Development Ordinance is very vague.  In 2001 Town granted expansion permit to Crooker.

John Delvecchio – compliance letter should be first thing; letter to Crooker asking for monitoring reports required under town permit; ask Crooker for notice of variance granted by DEP.

Tasks to be completed by next meeting: 

 

Upon motion duly made and seconded, it was VOTED (4-0) to approve minutes of meeting held on December 18, 2013.

Board reviewed minutes of work session held on December 19, 2013 – no vote
required.

9:10pm – VOTED (4-0) to adjourn.

 

/s/ James Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Special Meeting held on February 4, 2014

 

Present:       Jim Torbert
Sue McKeen
Glenn Angell
Marianne Marple
David Spicer

                   Judy Maldovan, Recording Secretary

 

Meeting held at Town Office, Townhouse Road, Whitefield; 5 members present; Jim Torbert called meeting to order at 6:30pm.

Purpose:      Request by Selectmen to research and report with proper language
for warrant article and moratorium ordinance to address gravel
extraction in Whitefield.

Report of sub-committee (Marianne Marple & Glenn Angell):  did substantial review of files; 1992-1993 Planning Board granted permit to Crooker for asphalt plant; appealed by residents to Town Appeals Board which denied permit. 1994-Crooker appealed to Superior Court; judgment against Town citing Dev. Ordinance, Sections 8B & 8H were vague & unconstitutional; no ordinance to use, we would be challenged; several months to get ordinance in place. Put moratorium on new or expanding gravel pits – not say stop operations – just don’t expand. Moratorium should deal strictly with mining operations.  Planning Board has consulted with 2 legal counsels.

Following discussion, upon motion of Jim Torbert, seconded by Sue McKeen, it was VOTED (5-0) “to request the Selectmen to put a warrant article on March town meeting for moratorium of 180 days beginning January 31, 2014 on new or expanded mining operations”.  Jim Torbert will present this to the Selectmen at their meeting which is being held tonight.

7:10pm – VOTED (5-0) to adjourn.

 

/s/ James Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on February 19, 2014

 

Present:       Jim Torbert
Sue McKeen
Marianne Marple
Glenn Angell

                   Judy Maldovan, Recording Secretary

Absent:       David Spicer

 

Meeting held at Town Office, Townhouse Road, Whitefield; 4 members present; Jim Torbert called meeting to order at 7:06pm.

 

Harry C. Crooker & Sons, Inc.

Present:
Steven E. Patch, Professional Engineer, Sevee & Maher Engineers, Inc. – does hydrological studies for Crooker;
Andrew Gobeil, Hydrogeologlist, Sevee & Maher Engineers, Inc.;
Ted Crooker and Dick Morgan representing Crooker

A check in the amount of $400.00 along with Development Application was received.  Check will be held for 60 days; if moratorium ordinance article is approved at town meeting on March 15, 2014, check may need to be returned to Crooker.

Mr. Patch presented an overview, including sketches, of the Development Application prepared for this meeting.  Crooker is requesting to go into water table; DEP has granted variance to excavate into water table to bedrock.  Town permit does not allow excavation within 2 feet of water table. In 2000-2001 wells were put in and water levels were taken at this time.  Water table maps reviewed with Board. Bedrock has bowl shape.  Crooker will not perforate bedrock.  Low point of pond will be at elevation of Route 218; 2.5(horizontal) to1(vertical) is final slope of pit walls as shown on sketches. When completed, pond will be 37 acres; total of 157 acres in Alna and Whitefield – no plans to extend size.  Watershed will not change; will be an internally drained pond; typical rainfall is 49-50 inches; will not affect what neighbors see.

Jim Torbert indicated that result will be great pond subject to Shoreland Zoning and asked about plans after completion.  Mr. Patch said timeframe will be 1 year of baseline monitoring; Crooker will contact neighbors within 1000 feet of the pit. No one has been contacted to see if Crooker can enter their land. Gravel will be removed by digging and set aside to drain; machinery is not in the pit itself; machinery is on high side of land. Crooker has Spill Containment Control Plan.  Equipment will be re-fueled on edge of where it is working.  Fuel delivery is done by Colby & Gale twice every other day - they have spill containment kits.  There is nothing under the equipment for spill containment.  Marianne Marple said she would like to see the containment system.  Spill containment training is provided for Crooker employees. DEP does inspection every year or two. Drag line/clamshell – Ted Crooker provided description and use. Marianne Marple asked if there were other operations taking place at the pit during this operation – Mr. Crooker indicated yes, rock crusher; wood chipping would still be going on.  Mr. Crooker said drag line is operating at Brunswick location at present time - PB is welcome to see the operation at any time.  DEP says over 30 acres, public access must be provided.  Sue McKeen asked how long before the pond would be created.  Mr. Patch indicated that the best case scenario would be 10 – 20 years; depends on material they get into; lots of variables, economy, etc. Marianne Marple requested data on monitoring wells. Earlier There will need to be continuous monitoring of water level and water quality. Will there be water temperature monitoring? Crooker will be doing field parameters; temperature monitoring was done in 2001 for Inland Fisheries & Wildlife.  Glenn Angell expressed concern regarding elevation drop – stability of slope with heavy truck traffic – don’t want slope to drop off.  Crooker will take a look at what would be issues.  Marianne Marple asked about plans to reclaim – what grows in gravel? Juniper species that grow in dry environment; grass slope. Other ponds reclaimed at this slope? Yes, put soil on top of gravel to stabilize area; slope similar to highways.  Mr. Patch said quarterly monitoring will probably start this spring – hard to do in cold weather; April- June; August; last one in November-December. DEP does not require specific dates. Marianne Marple: shallow areas after reclaim? Andrew Gobeil: probably on north side. Glenn Angell: bacterial assessment after pond created: Mr. Patch: will need to check. Ted Crooker: have other ponds that are spring fed; Whitefield is spring fed. Have to be 100 feet from residential wells. Mr. Patch indicated that Mark Stebbins/DEP can provide info on other pits.  The Planning Board gave list of questions to Mr. Patch for review with Mark Stebbins. 

Ted Crooker said if property is sold, new owners would be responsible.  Crooker is small Mom & Pop operation and will do its best to take care of issues.  In other towns Crooker has given the pond to the town; “not saying that we will do that in Whitefield”.

Marianne Marple: are changing climates, etc. taken into consideration in slope design? Mr. Patch: no don’t need to take extra measures. DEP design is based on 2.5 to 1 slope. Using 100-year storm event, not needed because it is internally drained. Glenn Angell said Town will need to get information from DEP.

Jim Torbert discussed the moratorium/time to refine Town Development Ordinance; will not delay Crooker project; two paragraphs in Standards are vague and unconstitutional; Ordinance was revised in 2001, but those did not get changed.

Mr. Patch left full-size drawings for Planning Board.

8:42pm – review of Development Application of Crooker completed.

Discussion on language for moratorium ordinance article for town meeting on March 15, 2014; Jim Torbert will send to Mary Denison, Town attorney, for review and approval.  Public hearing is scheduled for February 25, 2014/7:00pm/Whitefield School. It is noted that this hearing is not required as Crooker held a public meeting 1 year ago on this project.

Upon motion duly made and seconded, it was VOTED (3-0; Sue McKeen left meeting prior to vote due to illness) to approve minutes of meetings held on
January 15, 2014 and February 4, 2014.

9:38pm – VOTED (3-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on March 19, 2014

 

Present:       Jim Torbert
Marianne Marple
Glenn Angell

                   Judy Maldovan, Recording Secretary

Absent:       Mike Panosian (elected at town meeting on 3/15/2014)

 

Meeting held at Town Office, Townhouse Road, Whitefield; 3 members present; Jim Torbert called meeting to order at 7:05pm.

 

Harry C. Crooker & Sons, Inc.

Jim Torbert will do letter to Crooker re: vote at town meeting - “application is pending development of new ordinance” and will explain moratorium.

Upon motion duly made and seconded, it was VOTED (3-0) to approve minutes of meeting on 02-19-14.

Jordan Grady, Map 8, Lot 010

Jordan called Jim Torbert.  Notice to Build was approved 2 years ago; Jim Torbert reviewed; no changes.  Made copy for Steve Grady (Jordan's father) and left at Town Office.

Moratorium

On 3/15/2014 the Town voted to enact a 180-day moratorium on any new or expanded mineral extraction activities, including sand and/or gravel extraction, effective January 31, 2014, so that the Planning Board would have time to develop an ordinance governing such activities.

Discussion:

 

Change of Location of Planning Board Meetings

Jim Torbert said the Selectmen would like the planning board meetings to be held at the municipal fire station on Townhouse Road; will be able to have a file cabinet with informational material; discussion; April 16, 2014 meeting will be held at the municipal fire station.

 

8:50pm – VOTED (3-0) to adjourn.

/s/ Jim Torbert

 

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on April 16, 2014

Present:       Jim Torbert                                       Marianne Marple
Glenn Angell                                               Mike Panosian
Carl Ribeiro(appointed by Board of Selectmen)

                   Judy Maldovan, Recording Secretary

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present; meeting called to order by Jim Torbert at 7:20pm.

Review and discussion of “Notes” of work session held on April 9, 2014

Stephen Smith, Route 17, Map 18, Lot 14G and Lot 7

pre-application meeting

Mr. Smith wants to construct an addition to 'ice cream stand' ['reference term only' stated by applicant]; no equipment in building; “general commercial building”; 28 x 60 proposed addition – existing building is 25 x 25.  Existing building recently used as office by gas company.  Sketchs presented drawn to scale showing elevations and floor plan. Mr Smith would like to go through Standards Checklist of Development Ordinance to know what Board is and is not concerned with.

 

Marianne Marple - Board needs to see what we have; Steve Smith “nothing has changed”; “enlarge existing building”. Building has 200amp entrance.

Glenn Angell – until we know what building will be used for, can't determine if septic design is adequate.

Steve Smith – through previous uses (gas company) I do not need to upgrade commercial entrance.

Glenn Angell – need updated entry permit from State Dept. of Transportation; cannot do a full review until use is defined.

Steve Smith - “light commercial/industrial use”; “done this before in Whitefield”.

Glenn Angell - “not defined in our ordinance”; Maine State Plumbing Code does not have requirements for light industrial; need number of people using system.  Reference to page 5 (d) of Development Ordinance. Must  be confident that what we do is defensible.

Steve Smith - present system designed for 560 gallons; “I cannot tell you what this is going to be used for” - “change of use application”

Carl Ribeiro - need definition of “light industrial”; Glenn Angell - there is no definition – can be anything.  Steve Smith -  “business that does not pollute”.

Mike Panosian suggested looking at sketches and come up with questions. Steve expressed concern that the process could drag on through construction season since Planning Board only meets every 30 days.

Steve Smith - “what questions are you going to ask?' - can only use Development Ordinance

Discussion on timeframe to put together list of required documents and questions; applicant would like 1 week. Jim Torbert asked PB members to get questions to him and he would collate. Applicant said he wants hard copy and will respond by hard copy; looks forward to answering all questions.

Upon motion duly made and seconded, it was VOTED (5-0) to study the documentation, review Standards and send questions to Jim Torbert to collate.  List or statement will be provided by next Wednesday (April 23rd).

Recommendation by Glenn Angell that questions be specific as possible; also recognize time and place for speculative investment.  Each PB member given copy of 2 sketches.

Moratorium Ordinance 

  John Delvecchio and Mary Morgan present to discuss progress on ordinance.  Jim Torbert gave an overview of progress.  Work sessions are held on Wednesday of each week at 6pm at fire station.  Jim Torbert has asked Town attorney for advice re:  “cannot penetrate a statewide significant aquifer”.  Discussion on Mining Ordinance of Town of Washington which has 32 gravel pits.  Mary Morgan stated that she is now retired but worked for DEP when the 1988 order was issued on Crooker to stay 2ft above water table. Jim Torbert - “significant” aquifer defined as able to pump 10 gallons per minute.

Minutes of Meetings

 Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of March 19, 2014.

9:45pm - VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on May 21, 2014

 

Present:       Jim Torbert
Glenn Angell
Carl Ribeiro
Marianne Marple
Mike Panosian

                   Judy Maldovan, Recording Secretary

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present; meeting called to order by Jim Torbert at 7:05pm.

Stephen Smith, Route 17, Map 18, Lot 14G and Lot 7 (49 Augusta Road)

Mr. Smith stated that he represents himself; there is no other partner or corporation; he is the sole person responsible for this application; Board was given 2 completed, signed originals of Notice to Build and Application with all the info to make judgment; “Development Application Submittal” presented to Board.  Board reviewed documentation.

Mr. Smith stated that he has no purpose in mind for the building at this time.  This is most likely commercial building(spec building); no client standing in line to do something with this building.

Glenn Angell: without stated use, nothing to base our judgement on.

Discussion on number of vehicles going in and out.

Steve Smith:  State DOT permit issued – DOT governs not Town.

Glenn Angell: need to know how building is going to be used.

Steve Smith:  own use until rented.

Marianne Marple:  define own use.

Glenn Angell:  restaurant – could be? Need to know number of seats.

Jim Torbert:  application for storage facility.

Carl Ribeiro:  approval for expansion to existing building which is to be used for equipment, office use and storage. Anything outside this, need to notify Planning Board; change of use.

Discussion and review of Standards Checklist; Jim Torbert completed Checklist.

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on June 18, 2014

Present: Jim Torbert, Glenn Angell, Carl Ribeiro, Marianne Marple, Mike Panosian, Judy Maldovan, Recording Secretary

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present; meeting called to order by Jim Torbert at 7:15pm.

Clifton Bronn, Map 008-011, Lot 008-011

Mr. Bronn not present; Jim Torbert requested he attend meeting. Applicant, Donna Bronn, wants to move 1974 mobile home from So. Hunts Meadow Road to his property on Route 194/Head Tide Road; temporary housing for daughter. Mobile home not being lived in at present time.  Notice to Build form approved by Arthur Strout, Code Enforcement Officer, with notation “plumbing permits needed”. Issue:  not legal; “non-conforming structure”; violates Town's Manufactured Housing Ordinance. Variance is required before PB approval. Jim Torbert will contact Strout and write letter to Mr. Bronn to arrange site inspection. Letter to Mr. Bronn will be emailed to PB members.  PB members concerned Mr. Bronn will view Strout's approval as “go ahead”.  Strout's signatute on N/B indicates Town's approval to Central Maine Power Co.  

Minutes of Meetings

Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on May 21, 2014.

Moratorium Ordinance

Marianne Marple - reviewed recommendations of Carol White, hydrogeologist;

Glenn Angell – has done some work on merging changes to mining ordinance – copy given to each PB member;

Mike Panosian - will contact Lynn Talacko re: internet access (fire station) for PB;

Jim Torbert - will contact Arthur Strout to arrange meeting re: general information.

7:50pm - VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Site Inspection and Meeting held on July 16, 2014

 

Present:       Jim Torbert                              Arthur Strout, Code Enforcement Officer
Carl Ribeiro
Mike Panosian                                   Judy Maldovan, Recording Secretary
Marianne Marple
Glenn Angell

                   Clifton Bronn
Donna Bronn

 

5:00 pm     Clifton Bronn, Map 008-011, Lot 008-011                 -        SITE INSPECTION

Present:       Jim Torbert                              Arthur Strout, Code Enforcement Officer
Carl Ribeiro
Mike Panosian                                   Judy Maldovan, Recording Secretary
Marianne Marple

                   Clifton Bronn
Donna Bronn

Site inspection conducted at 18 South Hunts Meadow Road, Whitefield to inspect the 1974 mobile home that Clifton Bronn is requesting to move to his property on Route 194/Head Tide Road.

This is a 1974 Beaumont, 14 x 65 with an A-roof and aluminum siding; copper wiring inside; no aluminum wiring.  There is an addition on the front and a deck on the back which has been removed.  There is also a garage located on this property. Mike Panosian and Arthur Strout inspected the 200 amp service.  Plumbing has been approved by Arthur Strout. Mobile home has one wood stove with fire breaker and air space.  There are 2 x 4 insulated walls within the mobile home; cement slab under mobile home; wiring is ok with what can be seen.  PB members and Code Enforcement Officer in agreement that this meets the 1976 Code.

*During tonight's regular PB meeting Arthur Strout, CEO, stated that he did not realize this mobile home was a 1974; thought it was 1976 and therefore previously approved the Notice to Build.

Upon motion duly made and seconded, it was VOTED (4-0) to grant a waiver based on inspection to move this mobile home to property of Clifton Bronn.

Jim Torbert will send letter/Finding of Fact to Clifton Bronn.  Mr. Bronn stated that he has previously left the blue CMP form at the Town Office – Arthur Strout will locate form and sign off.

5:35pm - Site inspection completed; adjourned to regular monthly meeting at fire station.

6:45pm  - Regular monthly meeting called to order by Chairman Jim Torbert.
6:50pm -  Glenn Angell present.

Peters Family Trust, Mills Road, Map 20, Lot 29 (13.1 acres)

Todd Peters, Trustee, and Heather Peters present.  Notice to Build for a one-story camp (36 x 14) including 8-ft screened in porch. Septic system was approved in 2006.  Building will sit on gravel pad; may put in bathroom later.  This is a pre-fab structure made off site and delivered to site – no power.  Glenn Angell presented information for PB members and Applicants: Maine state law requires approval of septic system by licensed site evaluator for human health reasons; exception for self-contained camper that moves off site to dispose of waste; applicants need to take design and get it permitted; permitted indefinitely; no time limit when it needs to be completed; cannot use structure until septic permitted. Dry well for gray water does not meet code. Fixed structure has to have sink and has to have alternative privy. Discussion on “storage shed” - storage shed cannot be residential.  Applicants withdrew Notice to Build and submitted new Notice to Build for storage shed.  Arthur Strout was present and signed his approval of Notice to Build for storage shed.

Mining Ordinance

What are implications for Arthur Strout if adopted – cost and time.  Permitted gravel pits must be inspected which adds to Strout's workload.  Marianne Marple asked Arthur Strout to give Board overview of his job/responsibilities. CEO reviews Notice to Build forms; is Plumbing Inspector; evaluates housing and plumbing- not electrical; Town has to hire electrician for approval; looks at construction of house.  CEO uses State regulations because Town does not have guidelines. CEO paid salary of $7,000.00 per year by Town of Whitefield – does not get paid for mileage.  Arthur Strout asked “what do you want me to inspect” stating he needs criteria to inspect gravel pits; no training available to do inspections of this type.  Anything over 5 acres the State inspects; DEP does inspections once every 3 years.  CEO said Town needs to adopt building code – Notice to Build has no teeth in it. Arthur Strout said he “will gladly do gravel pit inspections” and stated that he has been in Crooker's pits in past re: complaints.

Tuesday, July 22, 2014 – public hearing on moratorium ordinance to be held at Selectmen's Meeting.

Minutes of Meetings

Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on June 18, 2014.

8:30 - VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on August 20, 2014

 

Present:       Jim Torbert                              Marianne Marple
Glenn Angell                                     Mike Panosian
Carl Ribeiro                             Judy Maldovan, Recording Secretary

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present; meeting called to order by Jim Torbert at 7:00pm.

Tim Chase
Applicant present requesting waiver of 15 ft setback requirement – Minimum Lot Size Ordinance, Section 4, B Specifications.  Bob Bills did survey – has been registered; property divided: new lot is 1.52 acres, lot with rented house is 1.15 acres, remainder is 3.2 acres. Renter now wants to purchase 2 lots; well is 4.5 feet away from property line.  Property line is between well and pole barn so well can go with house. Tim will retain lot with pole barn which is Map 17, Lot 57.  Ordinance does not refer to “existing” structures; Ordinance refers to “new” structures. Planning Board determined no waiver is necessary; no issue re: well.  Finding of Fact: Ordinance is silent on property lines, regards structures only.  Jim Torbert will do letter to Tim Chase.

John Tyler, Tax Map 011, Lot 010
Pre-application conference for minor sub-division.  Mr. Tyler not present at meeting; no action taken.

Glenn Breton, Tax Map 015, Lot 051
Mr. Breton not present at meeting.  Question re: “a division accomplished by gift to a person related to donor ...” Board reviewed MRSA 30-A, Sec. 4401, subsection 4,D-4 and town tax maps. Son who received property as gift has to hold for 5 continuous years.  If transferred within 5 years to another person not related to donor, becomes issue of sub-division.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on
July 16, 2014.

Mining Ordinance
Discussion – noise level and spill containment
May need to hire specialist to review spill containment plan and do inspections
If Ordinance is passed, will need to develop checklist
When does Moratorium end: effective 01/31/2014 for 180 days; extended up to 180 days?
Need to consult town attorney, Mary Denison
Need to check records of Selectmen's meetings to see what their vote was
Hanley – 1979 rock crusher is part of permit; air emissions license is old – can we request copy of new license? Marianne Marple provided history of Hanley pit & crusher
DEP Application serves as Permit by Rule
Town Ordinance is for new and amended operations

Misc
Mike Panosian – status of Internet connection at fire station; need password if fire station has Internet; would be very helpful to have access for Planning Board; Mike will call Scott Higgins, Fire Chief.

8:50pm  -  VOTED (5-0) to adjourn.

/s/ Jim Torbert

 

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on September 17, 2014

 

Present:       Jim Torbert                              Marianne Marple
Glenn Angell                                     Mike Panosian
Carl Ribeiro                             Judy Maldovan, Recording Secretary
Arthur Strout, Code Enforcement Officer

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present; meeting called to order by Jim Torbert at 6:50pm – all applicants listed on agenda present.

Glenn Breton, Tax Map 18, Lot 44 – North Hunts Meadow Road
Mr. Breton present; wants to put up garage for storage, maybe office later; no plumbing, but will have power. Not retail, no public traffic. Lot contains 58 acres. Notice to Build submitted. Applicant crossed out word “office” and replaced with word “storage” on Notice to Build. Property has been surveyed.  Reference made to Minimum Lot Size Ordinance, Section 4B. Planning Board stated if use changes, applicant will need to come back to Planning Board.  Development Application and Standards Checklist completed.; application fee = $20.00  Upon motion duly made and seconded, it was VOTED (5-0) to approve Notice to Build with 2 conditions: applicant provide copy of survey and applicant provide copy of deed. Board authorized Arthur Strout, CEO, to sign Notice to Build upon receipt of survey and deed.  Applicant left meeting and returned with deed and survey which he gave to Arthur Strout.

Harry C. Crooker & Sons, Inc.

Theodore Crooker present requesting status report on current gravel pit operation to secure bank financing.  Mr. Crooker provided a letter for Arthur Strout, CEO, to sign.  Mr. Strout signed.

Pat Jennings/Jim Hatch, Rooney Lane – Minor Sub-Division – Map 009, Lots 33 & 34

Pat Jenings present with hand drawn map and survey.  Glenn Angell stated that land sold to abutters does not constitute sub-division.
Lot 1 – 18 acres – sold to Patten-Hanners on 08/03/2012
Lot 2 – 26 acres – sold to McMorrow on 10/17/2012
Lot 3 – 24 acres – sold to Colpitt (abutter) on 08/27/2012
Lot 3 – 15.7 acres – sold to Morin (abutter) on 01-11-2013

5.8 acre lot in question; does Rooney Lane divide parcel for purpose of sub-division or does parcel go across it?  Board needs to do research and contact town attorney in order to advise Pat Jennings what she needs to provide. Glenn Angell stated that sale of 5.8 ccres to Patten-Hanners can go forward.  Questions to present to town attorney: can Patten-Hanners combine these 2 lots into one?  Does previous Planning Board vote on 09-19-2012 allow precedence? Glenn will do letter to town attorney.  These sales done in good faith based upon Planning Board's  2012 Finding of Fact.  Board will update Pat Jennings in one month. Board will review Town's Sub-Division Ordinance.

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on October 15, 2014

Present:          Jim Torbert                                        Marianne Marple
Glenn Angell                                      Mike Panosian
Carl Ribeiro                                       Judy Maldovan, Recording Secretary

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; all members present; meeting called to order by Jim Torbert at 6:55pm.

Teresa & Chris Post, Route 194/Head Tide Road, Map 8, Lot 11A
Teresa & Chris present at meeting with concerns about right of way across their property owned by Clifton Bronn (Map 8, Lots 11 & 12). Right of way allows Mr. Bronn access to 12 acres  behind their property/residence. Clifton is putting 2 mobile homes on his back piece of property and told Chris he needs to contact Tim Chase to change his address because his driveway will be a “lane”. (Board is unsure why contact to change address is Tim Chase)  Mr. & Mrs. Post brought their deed.  Glenn Angell recommended Mr. & Mrs. Post contact an attorney who is familiar with property law to address issues concerning: what does Clifton Bronn have & not have access to; what does a right of way grant and not grant.  Mr. Bronn is using Post's driveway to enter his back lot; driveway belongs to Mr. Post. Teresa asked about 15-ft setback from property line – Mr. Bronn's house sits on the property line – also noted that Mr. Bronn owes property taxes and asked if he can get a building permit if owes taxes.  Town does not have a permit, just Notice to Build.  Process of unpaid taxes goes through town office.  Jim Torbert will check to see if Notice to Build has been filed on Clifton Bronn's second mobile home and will ask Arthur Strout, CEO, to look at setback on property line.

Ms. Sean Gallagher, Route 218/East River Road, Map 7, Lot 50B
No one present to state request; Jim Torbert presented information.  Ms. Gallagher is interested in purchasing property owned by Larry Morse; 780 ft from Sheepscot River. Wants suitability for building in accordance with state-mandated shoreland zone setback as well as requirements of Town's Minimum Lot Size Ordinance.  Minimum Lot Size Ordinance, Section 4B requires 70-ft setback from center of highway. Glenn: can she put a leach field on property?

Coopers Mills Volunteer Fire Dept./Brian Huntley  Map 24, Lot 008 to Map 22, Lot 001 &  002
No one present to state request.  Jim Torbert presented information. 
Brian Huntley would like to make gift of ½ acre to CMVFD.  Do lots become one?  Not creating new lot.  Mr. Huntley will be keeping fragment (unusable) of lot.  Mr. Huntley's lot consists of one acre.

Pat Jennings/Jim Hatch, Rooney Lane – Minor Sub-Division – Map 009, Lots 33 & 34
See attached document addressed to Patricia Jennings and James Hatch from Glenn Angell (on behalf of Whitefield Planning Board) dated October 11, 2014, Subject: Possible after-the-fact subdivision and its resolution.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on
September 17, 2014.

7:55pm  -  VOTED (5-0) to adjourn.

 

/s/ Jim Torbert

Link to Meeting on Oct. 17th, 2014 (PDF file)

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Emergency Meeting held on November 5, 2014

 

Present:          Jim Torbert                                        Marianne Marple
Glenn Angell                                      Mike Panosian
Carl Ribeiro
Judy Maldovan, Recording Secretary

 

Meeting held at Whitefield Fire Station meeting room, Townhouse Road, Whitefield; all Board members present; meeting called to order by Jim Torbert at 6:00pm.

Upon motion duly made and seconded, it was VOTED (5-0)

That a notarized Finding of Fact be sent to James Hatch and Patricia Jennings, currently of Bristol, Maine, in order to formally state and inform them that their pending sale of a 5.8 ± acre lot on Rooney Lane in Whitefield to Stephen Patton and Lise Haners, owners of an abutting lot at 121 Rooney Lane, would not create a subdivision; and

That a notarized copy of the email sent to James Hatch and Patricia Jennings by Whitefield Planning Board Member Glenn Angell on October 11, 2014, which explains this Finding of Fact, be attached to it and delivered along with it to James Hatch and Patricia Jennings; and

That copies of this Finding of Fact and the above-mentioned email be included in the minutes of this meeting.

Meeting adjourned at 6:55pm.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on November 19, 2014

Present:          Jim Torbert                Marianne Marple      Judy Maldovan, Recording Secretary
Glenn Angell              Mike Panosian           Arthur Strout, Code Enforcement Officer
Carl Ribeiro              

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; all members present; meeting called to order by Jim Torbert at 6:05pm.

Match Motors, Route 17, Map 18, Lot 020B – Development Application
Deborah Cote and Carl Crosen d/b/a “Match Motors” present re: setback for commercial garage from abutter.  Request is for service garage to support used car sales business at 178 Augusta Road. Proposed garage is 40' x 30' deep x 1 story high; cement slab, pre-fab metal building; no drainage; no sewer, no water; nothing but electricity in building.  Board was given letter from neighbors (Map 18, Lot 020D) giving permission for 20' setback; packet of information with drawing, rendering, information on metal structure.  They will burn used oil as heat.  Two technicians will be hired – total employees will be 4.  Existing former 3- bedroom house on lot is being used as office building. Work will start in spring – 2 months to complete. Board requested septic design of house.  Board decided that soil tests performed in April, 1994 adequately satisify the condition placed on the application that the existing house on the lot, currently in use as an office, has an adequate septic plan.  Jim Torbert will write Findings of Fact to be attached to application and will mail a copy to applicants.  Upon motion duly made and seconded, it was VOTED (5-0) to waive the setback requirement from 50' to 20'.

Harry C. Crooker & Sons, Inc./Crooker Construction, LLC
Discussion: new ordinance requires application to be re-submitted under new ownership; Planning Board will need transfer of ownership and financial  responsibility. New ordinance states that within 30 days of date of transfer applicant must file for amendment to their permit with Planning Board.  As of October 10, 2014 Crooker is under new ownership – Thomas Sturgeon is CEO.  Town has received package of material from Crooker (1) advising of new ownership; (2) financial capacity; (3) letter of bonding.  Town has no letter addressed to Town and/or Planning Board. Planning Board cannot rescind anything granted to original owner – grandfathered.  Jim Torbert will do letter to Crooker acknowleding receipt of informational packet received by Town and stating need to apply to Planning Board for transfer of ownership; photocopies of DEP letters are not adequate.

General discussion: does PB have application for Doyle Road – development crosses into Windsor; should do inspection under new ownership; Code Enforcement Officer needs inspection checklist; Marianne Marple prepared draft checklist/questions (used original Crooker application); #3 taken from Crooker Spill Containment Plan; physical inspection checklist taken from new ordinance; need notations “satisfactory”, “not satisfactory” and comments; enforcement belongs to Selectment/CEO? CEO inspection results  to Town? Planning Board = advisory capacity. CEO estimates 22 pit owners.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (4-0; Jim Torbert left meeting to pick up documents from Town Office) to approve minutes of meeting held on Oct. 15, 2014 and Nov. 5, 2014.

9:30pm  -  VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on December 17, 2014

Present:          Jim Torbert                Marianne Marple      Judy Maldovan, Recording Secretary
Glenn Angell              Mike Panosian           Arthur Strout, Code Enforcement Officer
Carl Ribeiro              

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; all members present; meeting called to order by Jim Torbert at 6:55pm.

Greg Johnston, Vigue Road, Tax Map 016, Lots No. 029 & 029A
Mr. Johnston  present re: gravel extraction proposal - purchasing 2 lots (950 x 450 deep) from J.A.T., LLC (formerly Joan T. Anderegg); Troy Prescott  is owner of land on back side (formerly Ferraiolo Corp.)  Existing 2 houses will be maintained.  Plan is 1 acre at a time; no more than 3 acres to be reclaimed.   Mr. Johnston is working with abutter. Work will start on south side.  Lot 029A is small lot and has gravel.  Planning Board concerned about historic water spring /ground water on lot 029.  Ownership of spring goes with sale. PB – where does water come from? Extraction may jeopardize water supply.  Mr. Johnston said excavation would not come close to spring.  PB – hydro-geologist investigation needs to be done re: spring.  Planning Board questioned is there a common law right to the use of the water from that spring? Board directed Jim Torbert to speak with Town attorney re: common law right; liability of town and/or land owner. Mr. Johnston said present owner has always posted “No Trespassing” sign on property at well site.  Ms. Anderegg's daughter has owned property for 8 years – sign has definitely been there for 8 years.  Houses use spring for water supply.  Mr. Johnston's attorney said he could shut well off – he does not want to do this; wants to leave as always been.  PB asked Mr. Johnston to get statement from his attorney re: his rights and responsibilities. Mr. Johnston wants to level hillside with road; depends on what Troy Prescott is going to do; PB needs to do research to see if test wells have been done. Marianne Marple asked if this is pre-application meeting.  Mr. Johnston wants to start work in April. Mr. Johnston said no on-site fuel and storage; maintenance done off site. PB – how are you going to do refueling of excavator? Need plan for prevention/containment of refueling.  PB will need height of groundwater on aquifer.  Mr. Johnston said if excavation is under 1 acre, none of these requests apply.  Glenn Angell stated that if total size does not exceed 1 acre, it is exempt. Mineral Extraction Application Review Check Sheet completed. PB requested: (1) letter from Mr. Johnston's attorney re: ownership rights of spring; (2) property map; (3) statement of reclamation plan; and (4) water tables information.  Mr. Johnston will be placed on agenda for January 21, 2015.

Clifton Bronn - Teresa & Chris Post, Rte 194/Head Tide Rd, Map 8, Lot 11A
Chris Post's driveway is the right-of-way; Bronn and Post said right-of-way is in deed.  There is no 911 name for right-of-way;  3 residences located off right-of-way (1 = Post; 2 = Bronn).  Arthur Strout, CEO, has advised Mr. Post to contact his attorney.

Town Budget
Discussion: 20 permitted pits listed on town records.  For year 2015 - estimate 30 days/240 hrs to perform all inspections.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting held on
November 19, 2014

8:30pm  -  VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on January 21, 2015

 

Present:          Jim Torbert                Marianne Marple      Judy Maldovan, Recording Secretary
Glenn Angell              Mike Panosian           Arthur Strout, Code Enforcement Officer
Carl Ribeiro                                                   Reporter for Lincoln County News


Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; all members present; meeting called to order by Jim Torbert at 7:00pm.

Greg Johnston, Vigue Road, Tax Map 016, Lots No. 029 & 029A
Mr. Johnston present at meeting. Gravel Extraction: flat concrete pad required; will do poured concrete pad with booms for outside of pad; pads stored inside; accessible in case of spill. On 1/20/2015 Mary Thompson, Knox-Lincoln Soil and Water Conservation District, met applicant on site.  See attached letter dated 1/20/15.  Jim Torbert stated that applicant's gravel extraction plan meets conditions raised by Planning Board.  Upon motion made by Glenn Angell, seconded by Carl Ribeiro, it was VOTED (5-0) to accept approve Mr. Johnston's gravel extraction application.

Jon Libby, 32 Main Street, Coopers Mills, Tax Map 024, Lot 007
Pre-application meeting; Mr. Libby present & given Development Application. Property consists of 2 acres located at corner of Rte 17 and Somerville Road.  Would like to have auto business in future; no work being done until spring, 2015; had plan done years ago which needs updated.

Casella Organics
Spoke with Jim Torbert re: stockpiling and spreading algea-fiber lime product on field belonging to Brad Bowden (Tax Map 13, Lot 054-B) PB concern: public water wells.  Representative will be coming to future PB meeting.

Arthur Strout, Code Enforcement Officer

Misc.
Carl Ribeiro noted Town may approve Moosehead Lane as town road – other roads may come later.  Lane across from stone house on Vigue Road: discussion concerning grade/plowing; specifications in Sub-Division Ordinance.  Discussion re: driveways – Road Commissioner has to approve. Planning Board is on town budget for $2,000.00

Minutes of Meeting
Minutes of meeting held on 12-17-2014 tabled until February.

8:10pm  -  VOTED (5-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on February 18, 2015

 

Present:          Jim Torbert
Glenn Angell
Marianne Marple
Mike Panosian

                        Judy Maldovan, Recording Secretary

Absent:           Carl Ribeiro

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 4 members present; meeting called to order by Jim Torbert at 7:05pm.

David V. Hardman, Jr., 444 Wiscasset Road, Map 004, Lot 002-A
Mr. Hardman present at meeting with Notice to Build. He wants to put 40' x 40' 2-bay garage addition on existing  commercial building which is being used for auto sales & repair; will vinyl side existing struture and clean up area.  Proposed addition will be 10' from abutters. Town ordinance requires 50' setback; abutters Laura Stelmok and Meg Dellenbaugh signed release for property line setback (see attached letter dated 2/16/15).  Upon motion duly made and seconded, it was VOTED (4-0) to approve a waiver of the 50'  setback requirement subject to conditions stipulated by
Mr. Hardman's neighbors. Jim Torbert will send Finding of Fact to Applicant.

Ronald Demers, 141 Main Street, Coopers Mills, Map 022-014
Mr. Demers present.  Wants to add 8' x 8' porch on back of house. House is 24' x 28' located on
non-conforming lot (.19 acres). Septic system is not an issue; lot coverage and setbacks are issues.  Applicant was instructed to complete Notice to Build form and send to Arthur Strout, CEO; applicant does not need to return to Planning Board.

Jon Libby, 32 Main Street, Coopers Mills, Tax Map 024, Lot 007
Mr. Libby was at Board meeting on Jan. 21st and is returning with additional information.
If taking down current house and barn, new structure has to meet setback requirements.  Cemetery governed by State law; excavation not closer than 25 ft of cemetery.  Mr. Libby said may leave part of old house and may have office.  Planning Board needs (1) setback from Route 17; (2) information re: oil storage/disposal; (3) spill containment plan; (4) accurate size of building(s); (5) what are you going to do there; and (6) copies of all documents. Mr. Libby will be placed on agenda for March 18th.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (4-0) to approve 12/17/14 minutes and approve 1/21/15 minutes as modified – replace “accept” to “approve” re: Greg Johnston.

 

8:30pm  -  VOTED (4-0) to adjourn.

 

/s/ Jim Torbert

 

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on March 18, 2015

 

Present:          Jim Torbert
Glenn Angell
Marianne Marple
Mike Panosian
Carl Ribeiro

                        Judy Maldovan, Recording Secretary

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present;
meeting called to order by Jim Torbert at 7:00pm.

 

Jon Libby, 32 Main Street, Coopers Mills, Tax Map 024, Lot 007
Mr. Libby present at meeting with diagrams, Notice to Build and information requested by Board from meeting on 2/18/15.  (1) 70 foot setback from Route 17 - MDOT requires 50 feet from centerline; (2) DEP requires oil storage/disposal plan for 1,300 gallons - not applicable as Mr. Libby will have less than this amount; (3) spill containment plan - not applicable - Town does not have spill containment requirement for garages; (4,5) applicant wants to build garage  (metal building) right now with option to sell cars and work on vehicles; current buildings will be taken down; (6) copies of documents provided by applicant.  Due to weather conditions Mr. Libby cannot provide actual property lines.  Previous soil test will need to be updated. Upon motion duly made and seconded, it was VOTED (5-0) to approve Mr. Libby's application with the condition that he provide a revised septic design by July 1, 2015.  Revised septic design can be mailed to Planning Board.  Board said that work on garage can begin without septic plan. 
Jim Torbert will prepare Finding of Fact.

 

Misc.
Jim Torbert will talk with Debbie Rogers, Webmaster for Town's website, about posting of minutes of meetings.

 

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting on February 18, 2015.

 

7:55pm  -  VOTED (5-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on April 15, 2015

 

Present:          Jim Torbert
Glenn Angell
Marianne Marple
Mike Panosian
Carl Ribeiro

                        Judy Maldovan, Recording Secretary
Abigail Adams, Reporter, Lincoln County News

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present;
meeting called to order by Jim Torbert at 7:00pm.

 

Mahlon & Brenda Lincoln, East River Road, Whitefield, Map 10, Lot 046
Mahlon & Brenda Lincoln present requesting waiver or variance of 70' road setback to build
24' x 28' garage with 60' road setback because of banking behind house. Well is located on one side of house and septic is located on other side. Only one location on property to build garage; want to stay at least 5' from banking. Presented Board with Notice to Build and property diagram.  Upon motion duly made and seconded, it was VOTED (5-0) to accept proposal for 60' road setback.  Jim Torbert will send Finding of Fact to applicants.

Coopers Mills Volunteer Fire Dept.
No representative present.

Stephen Smith, Map 18, Lot #14, 14F, 14G, Ice Cream Stand, Route 17, Whitefield
Stephen Smith and Steven Dumas present. Mr. Dumas, owns and operates a catering business. 
Mr. Dumas is preparing to enter into a lease with Steve Smith to expedite his catering business. Steve Smith, landlord and Steve Dumas, operator. Steve Smith said he wants to discuss with Board what they would like to see at next month's Board meeting. Business will open in one month.  Food is taken to off site locations. This location would allow Steve Dumas to have a site to hold events at.  Dept. of Health Engineering requirements for 28 x 60 building; 12-13 sq. ft per customer; allows 112 seats (not tables).

PB: what is capacity proposal? leach field info? how large system needs to be? overall design flow?
Dumas: would have staff/employees

Smith: PB needs to focus on what its authority allows it to do. Planning Board can use Development Ordinance in this case.

 

Whitefield Planning Board Minutes 4/15/15                                                                                                                           Page 1 of 2 pages

 

Board requested Steve Smith bring to the next Board meeting:

1.         adequate wastewater disposal plan;
Steve Smith stated property has drilled well.

2.         revised internal layout plan;
Glenn noted if Steve Smith is expanding and/or changing use, he has to account for this.
Jim noted Board previously approved structure to be used as storage with bumpout area.
Steve Smith said he will come with application to change use.

3.         traffic flow plan;

            Steve Smith said State DOT has been contacted and is presently addressing traffic in & out;
should have findings within 30 days

4.         parking sketch/plan;

5.         DOT Entrance Permit.

Steve Smith stated he and his client have every intention of meeting requirements willingly.
Steve Smith: "if we meet requirements before 30 days, can we request special Planning Board meeting?" Jim said that could be done within bounds of public meeting requiring 1-week notice.
Steve Smith invited the Board to call him with any questions; does not want to cloud any issue; he will contact Chairman if public meeting is necessary; otherwise will be at May 20th Board meeting.

Minutes of Meeting
Upon motion duly made and seconded, it was VOTED (5-0) to approve minutes of meeting on March 18, 2015.

Misc.
Jim Torbert will ask Selectmen to set fees to process applications. Inspection fee is most important so taxpayer does pay this fee. Will need to know fee to charge Steve Smith. Fees should be posted on Town website so public is informed when completing an application.

 

8:20pm  -  VOTED (5-0) to adjourn.

/s/ James Torbert

Click here for minutes from May 20, 2015 meeting

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on June 17, 2015

 

Present:          Jim Torbert                            Marianne Marple
Glenn Angell                          Mike Panosian
Carl Ribeiro

                        Judy Maldovan, Recording Secretary
Arthur Strout, Code Enforcement Officer

 

Meeting held at Fire & Rescue Station, Townhouse Road, Whitefield; 5 members present;
meeting called to order by Jim Torbert at 7:05pm.

Theodore & Sarah Rideout, 452 Mills Road, Map 020, Lot 029-B
Ted & Sarah Rideout present with Notice to Build & sketch; replacing house that was destroyed by fire on January 27, 2015; owned property for 20 years.  More than 100 ft (probably 200 ft) between well and leach field. Concern of Town: not application to run a business (unpermitted scrapyard).  Rideouts said they are cleaning up entire property - not doing any more salvage business.  Original house had basement & 2 floors.  Replacement will be slab & 1 floor; no cellar or basement; new foundation. They have CMP form for CEO signature; will need plumbing permit.

Brad Bowden, Townhouse Road, Whitefield
Brad Bowden present. Owns land next to Town Office; put in well & septic 4 years ago; building will be 70 ft from center of road.  PB requires new Notice to Build.

Coopers Mills Volunteer Fire Dept.
No reprsentative present.

Vigue Road Gravel Pits
No representatives present for Greg Johnston pit or Troy Prescott pit.  Upon motion duly made and seconded, it was VOTED  (5-0) to schedule on-site visit for July 1, 2015 at 5pm.  Notification will be given to Mr. Prescott and Mr. Johnston and public notice posted.

Minutes
Upon motion duly made and seconded, it was VOTED (5-0) to accept minutes of May 20, 2015.

 

8:10pm  -  VOTED (5-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on July 15, 2015

 

Present: Jim Torbert, Glenn Angell, Carl Ribeiro, Marianne Marple, Mike Panosian.
Minutes recorded by Judy Maldovan, Recording Secretary.
Meeting called to order at 7pm at Fire & Rescue Station, Townhouse Road, Whitefield.

Coopers Mills Volunteer Fire Dept., Map 24, Lot 8

David Landsman present with revised site plan.  Current plan is to rehab existing building; bring it up to code; update electrical and upgrade to structure code.  No change to footprint; square footage is fine.  In case they can afford it, seeking approval  to tear down one wing (facing station on right side); enlarge the wing. New wing would be 14-20 ft wide; depth of 42 ft from front of station. Will have new septic system (presently no septic system).  Meets setbacks: leach field is 10 ft  from property lines; 300 ft from public water supply; Notice to Build has been filed with Code Enforcement Officer.  Timeframe: heavy construction by August 17th; 8-10 weeks/middle of Oct. for completion; Troy Prescott is contractor.  Development Ordinance requires 15% of work done in one year. Board reviewed Standards Checklist and noted no real change from previous proposal. VOTED (5-0)  to accept revised site plan. Board accepted $10 application fee.

Minutes

VOTED (5-0) to accept minutes of 06/17/2015.

Vigue Road Gravel Pit

Copy of 'Mineral Extraction Operation Physical Inspection Checklist' with cover memo from site visit on July 1st will be sent to Troy Prescott, Greg Johnston and copy to Arthur Strout, CEO.  Board will need common reclamation plan from both Prescott  and Johnston.  Jim Torbert will prepare draft letter and send to Board members.  Inspection of Prescott Pit scheduled for 8/19/2015 at 4pm.

Misc.

Jim Torbert will contact Debbie Rogers, Web Master for Town's website and let her know that Mike Panosian would like to talk with her re: PB info on website.

8:45pm - VOTED (5-0) to adjourn.

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on August 19, 2015

 

Present: Glenn Angell; Carl Ribeiro; Marianne Marple; Mike Panosian; Arthur Strout, Code       
Enforcement Officer; Reporter, Lincoln County News
Absent:   Jim Torbert
Minutes recorded by Judy Maldovan, Recording Secretary
Meeting called to order at 7pm at Fire & Rescue Station, Townhouse Road, Whitefield

VOTED (3-0) to elect Marianne Marple as Chairman ProTem for this meeting.

Lee Richards, ProKnee Corporation, 116 Augusta Rd (Rte 17) Map 18, Lot 19
Building permit approved in 2010. Has had to re-design building to meet insurance standards; DEP Permit expired in Feb., 2015; presented Board with 3 new site plans and mechanical drawing; is in compliance with State's storm water permit by rule; entrance and exit has DOT approval; maximum employees = 22 (will probably have 10); parking available for 22; business is warehouse and light manufacturing; no machinery; pre-manufactured goods being assembled; everything gets shipped out; leach field already in place and approved by CEO; septic put in 2 yrs ago and is in use now with existing house. Board updated Standards Checklist for modification of original permit;  urethane foam rubber and plastic goes to Hatch Hill Landfill, Augusta; assembly on Rte. 17 - will ship out of Devine Road; completion by end of December.  Major change: size and location of structure - all metal; located further back from road; no additional adverse impact from original plan; continues to meet Town ordinances.  VOTED (4-0) to accept amended proposal.  Finding of Fact will be sent to Mr. Richards.

Emil & Ardell Rideout, 56 Blue Goose Lane, Map 010, Lot 011F
They would like to put a 1989 manufactured home (on slab)on Blue Goose Lane (1.5 acres) to be used as residence.  Structure is 28 x 68 (1,904 sq. feet) retired classroom.  Applicants were instructed to complete Notice to Build form and file septic design with Arthur Strout, CEO.

Prescott Pit Inspection
Rescheduled to Sept. 9 at 4:30pm.

Flood Plain Ordinance
Request Selectmen attend PB meeting.

Minutes
VOTED (4-0) to approve minutes of July 15, 2015

Misc.
Resume work sessions beginning in Oct.

8:15pm - VOTED (4-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on September 16, 2015

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Mike Panosian
Absent:   Carl Ribeiro
Minutes recorded by Judy Maldovan, Recording Secretary
Meeting called to order at 7pm at Fire & Rescue Station, Townhouse Road, Whitefield

Karl Daxland, 527 Head Tide Road, Map 005, Lot 001
May create minor sub-division; presented recorded plan which he prepared. Purchased property in 1971; having timber harvested; road being developed; 250 ft frontage on each lot; river frontage. Total of 4 lots to be developed; one lot can be done every 5 years/need to apply for permit when 3rd lot is created.  Recommended survey and soil test for own protection.

Greg Thornton, Henry Lane, Map 012, Lot 042 or Map 012, Lot 042A
Wants to put 1974 mobile home on land for 2 years, then develop plan for house.  Issue is age of mobile home. Must meet State minimum standards - Town adopted State standards.  What is construction of mobile home - does it meet standards?  Notice to Build must be filed with Town.  Code Enforcement Office and PB member may need to look at unit.  Major concern is electrical.  Owner needs to get licensed electrician to state that it is up to code.  CEO looks for structural defects.  Upon motion duly made and seconded, it was VOTED (4-0) that Mr. Thornton needs to provide letter from licensed electrician and letter from Arthur Strout, CEO, stating integrity of structure and that it meets code. When Jim Torbert gets the 2 letters, he can sign off.

Minutes
VOTED (4-0) to approve minutes of August 19, 2015

Misc.
Reviewed Inspection Check Sheet of Prescott Pit on 9/19/2015.
Work session scheduled for 6pm on Oct. 21st.  Some Selectmen will attend to discuss "Flood Plain Ordinance".

 

8:50pm - VOTED (4-0) to adjourn.

/s/ Jim Torbert

 

TOWN OF WHITEFIELD, MAINE - PLANNING BOARD
Minutes of Meeting held on October 21, 2015

Present:  Jim Torbert; Glenn Angell; Marianne Marple
Robert Gilman, Jr., resident (Rte 194 to Pittston) present to observe.
Absent:   Carl Ribeiro; Mike Panosian
Minutes recorded by Judy Maldovan, Recording Secretary
7pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Greg Thornton, Henry Lane, Map 012, Lot 042 or Map 012, Lot 042A
Board has received letter from licensed electrician stating structure is up to code and letter from Arthur Strout, CEO, stating integrity of structure and that it meets code.

Minutes
VOTED (3-0) to approve minutes of September 16, 2015.

Clifton Bronn - Teresa & Chris Post, Rte 194/Head Tide Rd, Map 8, Lot 11A
Board reviewed email from Chris Post dated Oct. 1, 2015 and Jim's reply to Mr. Post. (See attached) State says 3 or more lots in 5 years creates a sub-division.  Town has no mobile home ordinance.  Jim will check Notice to Build for Clifton Bronn and Chris Post.

Spill containment plan for Williams/Prescott Pit.  Report given by Glenn Angell.  Discussion of requirements for petroleum storage tank governed by State DEP. Fire Marshall has said no permits issued in Whitefield.  Current pit owner's SPCC plan required under Town's current Development Ordinance.  Pit owner should contact Mark Stebbins, DEP.  Change of ownership requires new Fire Marshall's permit. Actions to be taken regarding tank issues: (1) talk with Mark Stebbins; (2) communicate by letter with Troy Prescott. 1988 Town permit issued to Williams Construction (previous owner) indicates 4,100 gallon fuel tank. SPCC plan needs to be amended to reflect replacement by current pit owner of old tank with 2,000 gallon tank.  Was old tank removed? Jim will draft letter to Troy Prescott; nothing on file when change was done; has to follow new rules for permit; not grandfathered.

Misc.
Reviewed notes from working session on 2/18/2015.
Discussion of list generated by Glenn Angell:

Board will ask Arthur Strout, CEO to attend next meeting to discuss pit inspections

Discussion on performance bond for ordinances; Jim will contact MMA and CEO of Washington

Work session scheduled for Nov. 18 at 6pm to discuss FEMA and MEMA flood plain ordinance.

8:20pm - VOTED (3-0) to adjourn.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on November 18, 2015

 

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple
Absent:   Carl Ribeiro; Mike Panosian
Minutes recorded by Judy Maldovan, Recording Secretary
7:16pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Discussion of maintaining a quorum on the Board at meetings. 
Jim will contact town attorney for legal advice.

Board has spoken with Arthur Strout, CEO who said he will do gravel pit inspections in future.

Minutes
VOTED (3-0) to accept minutes of October 21, 2015 with change under heading "Spill Containment ..." to reflect report given by Glenn Angell.

 

7:43pm - VOTED (3-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on December 16, 2015

 

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple;Mike Panosian
Absent:   Carl Ribeiro
Minutes recorded by Judy Maldovan, Recording Secretary

 

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Minutes
VOTED (4-0) to accept minutes of November 18, 2015

 

7:15pm - VOTED (4-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on January 20, 2016

 

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Mike Panosian
Absent:   Carl Ribeiro
Minutes recorded by Judy Maldovan, Recording Secretary

 

7:16pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield following adjournment of public hearing re: Floodplain Management Ordinance.

Upon motion duly made and seconded, it was VOTED (4-0) to adjourn due to illness of Chairman Jim Torbert.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on February 17, 2016

 

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Mike Panosian
Absent:   Carl Ribeiro
Minutes recorded by Judy Maldovan, Recording Secretary

 

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Stephen Smith, Map 18, Lot #14, 14F, 14G, Ice Cream Stand, Route 17, Whitefield

Steve Smith not present.  Discussion: Setback issue has been resolved. Original proposal accepted with conditions.  DHHS issued 1-yr permit with condition of water meter monitoring.

Misc.

Board reviewed notes taken at public hearing held on Jan. 20, 2016 on Floodplain Management Ordinance.  Upon motion duly made and seconded, it was VOTED (4-0) to accept the notes as an accurate summary of what was discussed.

Carl Ribeiro resigned his position on the Planning Board effective Feb. 1, 2016.  See copy of attached email.

7:30pm - VOTED (4-0) to adjourn meeting.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on March 16, 2016

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple
Absent:   Mike Panosian
Minutes recorded by Judy Maldovan, Recording Secretary

 

7:10pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Stephen Smith, Map 18, Lot #14, 14F, 14G, Ice Cream Stand, Route 17, Whitefield

Steve Smith present.  Existing development permit for restaurant. Mr. Smith previously asked for list of what is necessary; 60 days have passed.  3 applications for modifications:  (1) kitchen expansion; (2) move deck/porch from front to back of building; (3) expand size of restaurant.  Has year's worth of wastewater monitoring.  Mr. Smith is landlord not owner of restaurant.  If kitchen expansion would require additional water is not under PB authority. Kitchen food waste is up to person leasing - presently food waste to pigs belonging to lessee. Mr. Smith said kitchen and deck are priority - can postpone #3. Kitchen and porch do not change present use.  Porch would add 20 seats but have no effect on water flow.  State controls # of seats.  System is being used at about 1/10th of its capacity.  No effect on traffic pattern on Rte. 17; no effect on parking and traffic flow in parking lot.  May have second entrance.  Landscaping has not been completed due to weather - it will be done. Kitchen should be done this summer; porch just needs to be moved.  PB agreed that kitchen expansion and relocation of porch are legitimate issues.  Upon motion duly made and seconded, it was VOTED (4-0) to approve 25 x 16 expansion of kitchen and relocation of the 35 X 16 deck/porch from the front of the building to the rear of the building. Jim
Torbert will prepare Finding of Fact.

Misc.

Upon motion duly made and seconded, it was VOTED (4-0) to accept the minutes of meeting
held on February 17, 2016.

8:15pm - VOTED (4-0) to adjourn meeting.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on April 20, 2016

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Jake Matthews
Absent:   Mike Panosian
Minutes recorded by Judy Maldovan, Recording Secretary

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Frederick (Butch) & Nancy Duncan, Senott Road, Map 017, Lot 043 & 043A
Butch Duncan present to discuss collapsing building. Wants to remove and replace with new structure.  Has completed Notice to Build.  Plans to build behind existing structure; does he need waiver on setback?  Non-issue for Planning Board - instructed to contact Arthur Strout, CEO.

Everett C. Barry & Son, gravel pit located on Doyle Road, Map 19, Lot 21-002
Present: owners of pit; Brad and Brandon Ellis
Pit joins Ben Pushard lot on south side of road; Ellis want to dig out gravel.  Ellis is in construction business not gravel business. PB said when changing ownership, considered new pit and falls under new gravel pit ordinance.  Cannot go below water table.  Board recommended owners and Ellis contact Arthur Strout, CEO to look at pit.

Eric M. II & Amanda L. Albee, 230 Hunts Meadow Road, Map 012, Lot 023-C
Mr. Albee present requesting 40-ft setback reduction because of steep hill. Wants to build 28 x 40 barn to house animals and hay.  Will use existing driveway.  Upon motion duly made and seconded, it was VOTED (4-0) to grant Mr. Albee a setback reduction of 40 feet.  Jim Torbert signed Notice to Build and instructed Mr. Albee to deliver it to Town Office.

Minutes:
Upon motion duly made and seconded, it was VOTED (4-0) to accept 3/16/2016 minutes.

Misc.
Present: Chad Hebert, Project Manager, Black Diamond Consultants.  U.S. Cellular wants to put up cell tower in town.  Need allowance of 190 feet - town ordinance states 120 feet. Planning Board needs legal advice re: variance.

Troy Prescott/pit on Vigue Road: need to send follow-up letter, certified & signature required.

Gravel Pit Ordinance: ask Arthur Strout, CEO to come to PB meeting to discuss how process with inspections is working; discuss obstacles.  Jim Torbert will get legal advice re: change of ownership for Crooker.

 

8:10pm - VOTED (4-0) to adjourn meeting.

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on June 15, 2016

Present:  Jim Torbert; Glenn Angell; Mike Panosian; Marianne Marple; Jake Matthews
Minutes recorded by Judy Maldovan, Recording Secretary

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

No meeting held in May - business of Board's monthly meeting was public hearing re: Wireless Communications Facilities Ordinance and Property Tax Deferral for Senior Citizens Ordinance.

Jake Matthews will invite 8th grade students from Whitefield School to attend meetings to see PB in action.

Upon motion duly made and seconded,  it was VOTED (4-0) to elect Jim Torbert as Chairman of the Board.

Gravel Pit Ordinance/Crooker: Jim Torbert spoke with Town attorney who advised that Crooker does not need to come back to Town on change of ownership.

Discussion on posting agendas on Town website.

Upon motion duly made and seconded, it was VOTED to accept 4/20/16 minutes.

7:30pm - VOTED (5-0) to adjourn meeting.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on July 20, 2016

 

Present:  Jim Torbert; Glenn Angell; Mike Panosian; Marianne Marple
Abigail Adams, Reporter, Lincoln County News
Absent:  Jake Matthews
Minutes recorded by Judy Maldovan, Recording Secretary

 

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Jim Hebert, Licensed Consultant, Black Diamond Consultants, present.  BDC contracted by U.S. Cellular to construct 190-ft monopole cellphone tower with 12, 8-ft antennas. Antennas provided for other companies to locate on site, i.e. Verizon but new ones will have to come to Planning Board.  Fee paid; Development Application and Site Evaluation presented and reviewed with PB. No waivers requested. Tower to be located on property of John Pagurko, Townhouse Road, Map 10, Lot 3. Entrance will be existing residential tractor road which will be upgraded and designed to carry heavy loads. Entrance work will go out to bid by Black Diamond. PB recommended contact be made with Road Commissioner.  12 x 20 concrete building for equipment shelter to be constructed.  No storm drainage; no generators except in emergency situations; no lights on tower.  50watt - 100watt light on exterior of shelter on timer. Tower will connect with 6 existing towers, i.e. Randolph, etc.  No FCC cell phone towers within 3 miles of this location. Best estimate to start work is August, 2016; 6-week construction time; could be done this year. If tower is abandoned, will be taken down. Tower not in operation for 12 months, can request it be taken down.  PB requested info on surety bond for abandonment - send to Town Office.  Upon motion duly made and seconded, it was VOTED (4-0) to hold public hearing on August 17, 2016 at 7pm at Whitefield Fire and Rescue Station.  Monthly PB meeting will be held at 6pm. Town will do newspaper notice; 14-day notice provided to abutters prior to public hearing.

Upon motion duly made and seconded, it was VOTED (4-0) to accept 6/15/16 minutes.

8:00pm - VOTED (4-0) to adjourn meeting.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on August 17, 2016

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Jake Matthews
Absent:  Mike Panosian
Minutes recorded by Judy Maldovan, Recording Secretary

6:05pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Mike Cuthbertson, Rte 17
Metal fabrication business; granted building permit in 2006 for 10,000 sq ft building; 2010 building permit still good; built 5,000 sq. ft; requesting to build additional 10,000 sq. ft; wants to do 5,000 sq. ft. right away and then later 5,000 sq. ft.; presented sketch; not sure can get financial funding for 10,000 sq. ft.  Modern day steel building; climate controlled.  Board requested applicant complete Development Application & Standards Checklist for Sept. meeting. Extension in sq. ft would require new Notice to Build.

David Jackson, 670 East River Road, Map 010, Lot 061
David Jackson and son, Daniel Jackson, want to add 4 dwellings as rentals.  Lot contains
73 acres. Falls under sub-division rules; applicant has drawing; PB requested plot plan and soil plan for Sept. meeting.

Upon motion duly made and seconded, it was VOTED (4-0) to defer minutes of 7/20/16
meeting to next PB meeting.

7:00pm - VOTED (4-0) to adjourn meeting.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
Minutes of Special Planning Board Meeting
September 14, 2016

 

Re:      Application of Black Diamond Consulting to construct wireless communication       facility on property of John Pagurko, Townhouse Road, Whitefield

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Jake Matthews (Planning Board)
Mary Denison, Municipal Attorney; Abigail Adams, Reporter/Lincoln County News
Mike & Jean Shaw; Brigid Griffin - residents of Whitefield
Minutes recorded by Judy Maldovan, Recording Secretary

7:15pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

Objection of John Delvecchio - evidence submitted after public hearing; concerns re: due process; access to information

Mary Denison: available to anyone at Town Office; no due process issues; pre-application process; finding of completeness; PB held public hearing; no formal vote on completeness of application; 60-day time period; purpose tonight is to deliberate application;
3 Town Ordinances apply: Wireless Communications Facilities Ordinance;
Development Ordinance; Minimum Lot Size Ordinance

Wireless Communications Facilities Ordinance, Section 1.9, Standards of Review

1.9A   met; Applicant & Pagurko signed Memo of Lease; FCC compliance;abutters notified

1.9B    request BDC provide additional information on particular site location

1.9C    N/A

1.9D   has been addressed; can be co-located

1.9E (1)         met
1.9E (2-6)     do not apply

1.9F                setback is from fencing
1.9F(1)          met
1.9F(2)          met
1.9F(3)          met
1.9F(4)(a)     met
1.9F(4)(b)     N/A
1.9G(1)          need condition in Lease for maintenance of buffer 100' in
every direction w/exception of access road; screening within 100' buffer;
apply condition into permit re: planting of trees as buffer for 5-yr plan;
also prevent animals (pigs) from destroying buffer
1.9G(2)          N/A
1.9G(3)          N/A
1.9G(4)          met
1.9G(5)          met

1.9H               met

1.9I                 met

1.9J                 conditions (i) (ii) (iii) to be put in application

1.9K               met

Minimum Lot Size Ordinance

This Ordinance does not apply - not a dwelling; this is a Lease; does not create new lot;
no minimum lot size applicable

Development Ordinance, Section 8 Standards

Stream crossing and culvert(s) need to be re-addressed by applicant; pig pollution is
non-issue for Planning Board and Applicant; PB has no authority

8A                   addressed
8B                   condition: need wetlands footprint of 75' x 75' area
amended by vote on 9/21/16 to add "Discussion of wetlands in 100' x 100' footprint;
evidence submitted by applicant was adequate to say none."
8C                   shall have no impact
8D                   shall have no impact
8E                   no noise
8F                   very little
8G                   culvert
8H                   eliminated from Ordinance
8I                    addressed
8J                    none proposed
8K                   addressed in WCF Ordinance
8L                   addressed in WCF Ordinance
8M                  addressed

Special Planning Board Meeting 9-14-2016                                                                                                 Page 2 of 3
Wireless Communications Facilities Ordinance, Section 1.8F Submissions

1.8F(1)          met
1.8F(2)          met
1.8F(3)(a)     met
1.8F(3)(b)     have not seen; needs to be provided
1.8F(4)          request written statement that this site is only one appropriate out of
8 possible sites and why; ask if anticipating expansions

 

Upon motion duly made and seconded, it was VOTED (4-0) Jim Torbert will draft letter to BDC stating application is incomplete; WCF Ordinance, Section 1.8F(3)(b) and Section 1.8F(4):  request better written description/deemed site most appropriate; what made this site the best; request balloon test photo simulations of road at Pagurko's property; Salmon Pool Lane; Route 126 and East River Road north of Torbert farm; cannot process application until PB has further information.

9:55pm          VOTED (4-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on September 21, 2016

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple
Absent:  Mike Panosian; Jake Matthews
Minutes recorded by Judy Maldovan, Recording Secretary

7:03pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Minutes
July 20, 2016 VOTED (3-0) to accept.
August 17, 2016 VOTED (3-0) to accept.
Public Hearing on Aug. 17, 2016 and Special PB meeting on Sept. 14, 2016 VOTED (3-0)
to defer to end of meeting.

Black Diamond Consultants, Inc. RSA #1 Application for Telecommunications Facility, Proposed Telecommunications Facility #444489, to be installed on property owned by John Pagurko, identified on Town Tax Map 10, Lot 3, Townhouse Road, Whitefield

Jim Hebert, Black Diamond Consultants, presented 3 items as requested by PB at special meeting held on Sept. 14, 2016.

Jim Torbert requested photo simulation from Tom Benne property re: need for screening. 
Board did not previously request. Property has been clear cut.  PB was hopeful more info on why Pagurko property chosen by U.S. Cellular.

1.           With what has been provided, is application complete?
2.           Do they satisfy the PB requests?

Jim Hebert: coverage at different site would give less service and not able to connect as well with other 6 towers.

Upon motion duly made and seconded, it was VOTED (3-0) with these submittals, application is deemed complete.

Discussion: best location; written Finding of Fact should be pointed and detailed in reaching decision. Glenn Angell drafted Finding of Fact for PB review.

Condition:  Lease needs to be modified to account for additional 75' strip as added visual buffer; brook crossing "culvert sizing according to DEP standards".

 

 

Minutes of PB Meeting - 09/21/2016 (page 1 of 2 pages)
Upon motion duly made and seconded, it was VOTED (3-0) to approve application of RSA#1 for a wireless communication facility on property of John Pagurko, Tax Map 10, Lot 3 as outlined in Finding of Fact on the conditions placed on the permit.

Glenn will re-write draft of Findings of Fact. Black Diamond will complete Notice to Build and give to Arthur Strout, CEO.

VOTED (3-0) to accept record of public hearing held on August 17, 2016 as provided.

VOTED (3-0) to amend minutes of Special PB Meeting held on Sept. 14, 2016, as follows:

Page 2, Development Ordinance, Section 8 Standards

8B         condition: need wetlands footprint of 75' x 75' area
Discussion of wetlands in 100' x 100' footprint; evidence submitted by applicant
               was adequate to say none.

 

 

 

9:00pm - VOTED (3-0) to adjourn

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on October 19, 2016

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Mike Panosian
Absent:   Jake Matthews
Minutes recorded by Judy Maldovan, Recording Secretary

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Mike and Paula Cuthbertson, Augusta Road, Map 21, Lot 06

Applicants present with topographic map from Coffin Engineering; Development Application and Standards Checklist; proposal from Ganneston Construction; septic redone in 2011 signed by Arthur Strout, CEO - will take care of new addition.  Applicants requesting to do 10,000 sq. ft first and then come back in few years with request to do 5,000 sq. ft.  They own two properties: 1 is owned by Mike and Paula and 1 the business owns.  Paula, acting as officer of "Company" prepared written statement as boundary abutter - no objection to 50-ft setback (Minimum Lot Size Ordinance, Section 4D).  Coffin Engineering is working with DEP and DOT for necessary permits.  Approximately 25 employees. Lot 6 is where new addition will be; Lot 7A is next to it.  Board requested: (1) applicants complete Notice to Build; (2) letter from Camden Bank for financial; (3) Engineer's plan and drawing for driveway; (4) erosion & sedimentation control plan; (5) written procedures for waste disposal (metal filings); (6) sketch of ground floor area & elevations of buildings & other structures existing and proposed along with approx. location of building or other structures on parcels abutting site (Item 1f, Standards Checklist).  Expansion does not  change what they do now - volume will change.  Waste generated is metal filings - removed by a Massachusetts company - have price per pound; tractor trailer on site to contain
waste.  Construction schedule is to do expansion first then do driveway - start in  spring of 2017.  Board needs all permits - have concerns about wetlands.  Applicants are expanding an existing business, not a new business.

Upon motion duly made and seconded, it was VOTED (4-0) to issue conditional approval for construction of addition only pending receipt of (1) traffic flow plan; (2) description of waste disposal; (3) financial capacity.  Applicants said documents will be delivered to Town Office on Friday.  Jim Torbert will prepare letter for Ganneston Construction and give to Cuthbertson.

Minutes
Sept. 14, 2016 VOTED (3-0) (Mike Panosian abstained; not present at meeting) to accept.
Sept. 21, 2016 VOTED (3-0 ) (Mike Panosian abstained; not present at meeting) to accept.

 

8:30pm - VOTED (4-0) to adjourn.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on November 16, 2016

 

 

Present:  Jim Torbert; Glenn Angell; Marianne Marple; Mike Panosian; Jake Matthews
Minutes recorded by Judy Maldovan, Recording Secretary

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Mike and Paula Cuthbertson, Augusta Road, Map 21, Lot 06
Paula present at meeting to touch base and see what next step is.  Jim Torbert said conditions have been met for 1st phase.   PB has completed application and will issue Findings of Fact.

Misc
Discussion re: Planning Board files in Town Office; Town's webpage/minutes of meetings.

Minutes
VOTED (5-0) to accept minutes of meeting on Oct. 19, 2016.

 

7:15pm - VOTED (5-0) to adjourn. Next meeting will be on December 14th.

 

/s/ Jim Torbert

TOWN OF WHITEFIELD, MAINE
PLANNING BOARD
Minutes of Meeting held on December 14, 2016

 

 

Present:  Jim Torbert; Marianne Marple; Mike Panosian; Jake Matthews
Absent:  Glenn Angell
Minutes recorded by Judy Maldovan, Recording Secretary

7:00pm - meeting called to order at Fire & Rescue Station, Townhouse Road, Whitefield

 

Gravel Pit, Doyle Road, Whitefield
Gravel pit is owned by Albert Barry of Farmingdale and is being operated by Brad Ellis.  Arthur Strout, CEO and Jim Torbert have visited the pit which consists of 2 small pits.  Measurements were taken which indicated that 2 small pits contain 16,000 square feet (approx 1/3 acre). 

Minutes
VOTED (4-0) to accept minutes of 11-16-16 meeting.

Misc.
Jim Torbert has delivered Finding of Fact to Mike and Paula Cuthbertson re:Augusta Road,
Map 21, Lot 06;
Planning Board files at town office will be locked.

 

7:15pm - VOTED (4-0) to adjourn.

 

 

/s/ Jim Torbert

 

 

 

 

The minutes above are the most recent available on line