Town of Fryeburg Maine
Settled 1763,  Incorporated 11 January 1777

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TOWN OF FRYEBURG, MAINE
PLANNING BOARD MINUTES
DECEMBER 20, 2005

6”00 PM, Legion Hall, board members present; C. Doughty, P. Hill, C. Gregory, G. Bergoffen, H. T. Raymond and Assoc. member H. Warren . Assoc member David Andrews was excused .

Chairman Raymond noted the presence of a quorum.

Public Hearing Regarding Petitioned Proposed Changes to Land Use Ordinance

Chairman Raymond noted the presence of Peter Malia, Fryeburg counsel in the matter, who was available to assist the Board in its consideration of the petitioned articles forwarded to the Board by the selectman. The articles provide for election of the Planning Board in lieu of appointment, and also provide for additional amendments to the Land Use Ordinance.

Chairman Raymond noted that the notice for the hearing required advertisements 14 and 6 days prior to the hearing. The advertisements placed did not meet this requirement, do to the chair’s over-site, thus the Hearing on this matter would be opened, but at the conclusion of presentations by anyone present, the Hearing would be continued until the January 31 meeting of the Board.

The Chairman read the proposed articles as prepared by attorney Peter Malia and invited public comment.

Fryeburg Selectman Jim Dutton noted the wish of the Selectmen that the amendments to the Land Use Ordinance be presented to the Town in the form they were originally written, together with amendments its counsel feels are more appropriate.

Mr. Zipper asked about the status of existing permits and Planning Board actions should the Articles be approved by the town. Chairman Raymond stated all previous actions would be grand-fathered and remain in effect.

In response to a question as to why the Articles were being considered, The Chair noted that they were the result of a petition presented to the selectmen and then referred to the Planning Board.

There was a discussion regarding the details of the proposed changes within the ordinance, whether these would restrict future activities in East Fryeburg, in particular commercial and business related activities. Mr. Arizona Zipper asked the board who it represents, and Mr. Ted Raymond responded that the board is sworn uphold the Land Use Ordinance, whether the issue involves individuals or commercial businesses. Mr. Zipper stressed the need for the board to bring back the public trust. Although he appreciated the comments, the Chair stressed that the purpose of this hearing was to discuss the proposed changes to the Land Use Ordinance. Mr. Peter Malia, board counsel, commented that this is not a reconsideration of the decision to grant the Nestle application, rather this is to discuss proposed changes to the ordinance. There were some errors with the notification of this meeting. According to the LUO, there should have been two notices, in a local paper, one 14 days before the hearing and the other 7 before the hearing. The notices placed missed by one day in each case. Since there was an error, there will be a continued public hearing on January 31st. According to Town Counsel, these proposed changes cannot be amended once presented at town meeting. Desired changes must got through the public hearing process. In addition, as cited by Mr. Gene Bergoffen, there are some articles that are questionable if they comply with state law.

Ms. Carmen Doughty made a motion to continue the public hearing to January 31st, at 6pm, which was seconded by Mr. Gene Bergoffen. Ms. Hannah Warren recommended changing the time to 7pm, as it might be more in convenient with individual’s schedules. Mr. Ted Raymond expressed concern over the length of the Agenda anticipated on January 31st, but was reminded that anything could be carried over until the next meeting. After discussion, Ms. Hannah Warren made a motion to amend the meeting time to 7pm, which was seconded. The amendment passed 3-1. The motion to convene the public hearing January 31st as amended at 7pm passed unanimously.

Review and Approval of the Minutes of November 29, 2005
Mr. Gene Bergoffen made a motion to approve the minutes from November 29, 2005; which was seconded by Ms. Carmen Doughty. Ms. Hannah Warren noted a change on the vote to hold a public hearing for the draft changes to the land use ordinance. She stated that she had voted against the meeting time and the vote had been 4-1, not unanimous. Mr. Ted Raymond noted the changes to the minutes. The motion on the minutes passed 4-0, with one abstained.

Land Use Application—The Pizza Shed (Eric Smith)
Mr. Peter Malia, board counsel, reviewed the application and suggested it was complete. Mr. Aaron Bennett, the owner of the property, has signed the application as well. The materials included a copy of the deed and a plot plan. The board found that the Stuart Street abutters were not listed on the application, and all abutters within a 200ft distance within a commercial district must be notified for the public hearing. After discussion with CEO, Dave Gould, it was determined that details of the septic system have been fulfilled and the site fulfills the seating and standing requirements. The applicant is still waiting to submit the plans to the fire marshall.

Chairman Raymond suggested that the board would be within its abilities to waive the public hearing. The board discussed whether the applicant was in compliance with section 17 of the ordinance, it was determined that the applicant was in compliance. The board also discussed the need to allow residential abutters that opportunity to voice their concerns to the board via a public hearing. The board agreed to hold a public hearing to give abutters the opportunity to present the concerns. Mr. Gene Bergoffen made a motion to deem the application complete and schedule a public hearing for Thursday, January 5th, at 7pm; which was seconded by Ms. Carmen Doughty. The motion passed 4-1. The chair reminded the applicant of the requirement to notify abutters by certified mail and to use the addresses within the tax file.

Land Use Application—Burbank Estates
Mr. Ted Raymond recused himself from the discussion and Ms. Carmen Doughty acted as chair. Although the board would not be making a decision on the matter this evening, this was an update on upcoming proceedings. The board discussed the need to let the applicant know that it will be discussing the matter once again. The board discussed at length the need to require a new application. Ms. Carmen Doughty read, into the record, a letter from Mr. Mike Hill, board counsel, in which he stated that Mr. Graustein has indicated that he will appeal any approval. Attorney Hill recommended that the board not make a decision this evening. The board had additional discussion over new permits that could be required for this proposed development. Mr. Dave Gould recommended that board wait to receive direction from Mike Hill before requesting items, and to take this matter up at the next meeting. Ms. Carmen Doughty stressed that the board cannot make a decision to act until the board receives the application.

Discussion Regarding Board By-Laws
Mr. Ted Raymond suggested the board hasn’t always followed it’s by-laws. By-laws include: planning board members are expected to be knowledgeable about laws, but don’t say which laws; notice of hearings is the responsibility of the town staff when notified by the secretary; meetings are to be held at last Monday of each month or any other night agreed upon by the board; some actions require for a roll call vote and it is the responsibility of the board to preclude repetitious unnecessary information. Some concerns regarding the above bylaws include: the individuals responsible for tasks in the officer are not always clear; the meetings do not meet on Monday; voting does not usually involve a roll call and it is the responsibility of the board to preclude repetitious information. After general discussion on the existence of these bylaws, the board closed the matter for the evening with the Chair’s request that members re-read the by-laws for future discussion.

Signing of the Plans
Mr. Ted Raymond presented the Bustelos plan for the Rappatuck development, which needs the signature of the planning board. Ted Raymond reminded the board that it had approved the plan change during the summer, however the mylar was not ready at the time. Mr. Gene Bergoffen recused himself from the proceedings and the board signed the plans.

Respectfully submitted,

Lindsay Straw
Recording Secretary

Approved 1/31/06

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