TOWN OF FRYEBURG, MAINE
PLANNING BOARD MINUTE
March 28, 2006

Meeting called to order 7:00 PM, Rescue Station.

Members present; G.Bergoffen, P. Hill, C. Gregory, D. Andrews (associate), H. T. Raymond (chair)

Chairman Raymond asked David Andrews to serve as a regular member and declared a quorum.

Public Hearing: Fyeburg Academy Maintenance Building

Board member Carol Gregory pointed out, for the record, that she was an employee of the School District, and assigned to the Academy and asked if anyone would request her to recuse herself. No recusal was requested.

Chairman Raymond invited comments from the public regarding the proposed building.

Bruce Whitaker, an abutting owner, asked about historical tree removal. The applicant responded that the Legion still managed the property and tree removal was up to them.

Laura Lucy asked if the outdoor available rest rooms would be improved. The applicant responded that they understood there would be portable toilets for the Legion field users during the season but it wasn’t part of the Academy’s requested activity.

No further comments were received, and the hearing was close.

Chairman Raymond distributed a draft of possible findings (attached) on the requested use for the board to consider.

Septic and security plans were discussed. Lighting was discussed. The applicant agreed with the request of Mr. Bergoffen that exterior lighting meet the “glare” restrictions as required by the LUO. The applicant agreed with the request of neighbors to place planting or fencing along the boundary to serve as a buffer.

DECISION: G. Bergoffen moved to adopt the draft findings and approve the request on the condition that the applicant take special steps to comply with section 16G of the LUO with respect to glare from exterior lights and that the applicant work with Mr. Whitaker to achieve a mutually agreed screening provision. A second was provided by Mr. Andrews and the motion passed unanimously.

Fryeburg Academy Athletic Facility:

Mr. Jeff Larimer, representing the Academy’s architect, presented plans for the athletic. Mr. Dan Reilly, representing the engineers, provided the Land Use Application with supporting data.

The proposed facility height exceeds the 35’ limit in the LUO so it was determined a waiver from the Board of Appeals would be need before the FPB can approve the request.

A question about the fitness center proposed in the plan produced a comment that the Academy was planning to incorporate a current local business that presently provided services, to the academy, off site. The board pointed out that while the land use tables for the zoning districts involved allowed the basic facility with planning board authorization commercial activities are not allowed.

The applicant representatives stated that they were currently in discussions with the state on storm water control, traffic and subsurface waste disposal. The hope was to begin construction in May.

Review of the Application: The board reviewed section 16 of the LUO as it applied to the Academy application. Parking was discussed but the LUO is silent on school related parking requirements. The applicant is in the process of satisfying the state requirements for erosion control, storm water control and waste disposal. The final plan will address any concern for Water Quality and Aquifer protection.

Action on the Application: Mr. Bergoffen moved that the application be found complete, subject to state required permits, and that the Chairman be authorized to coordinate a joint public hearing with the Board of Appeals to expedite the application process. The motion was seconded by Ms. Gregory and carried unanimously.

Fryeburg Water Company Wellhead Request: Hugh Hastings, President of Fryeburg Water Co. requested authorization to drill a well in West Fryeburg and run a pumping test that will determine if the well will meet the requirements of water service to residents of W. Fryeburg and E. Conway and provide the data needed for an application to the FPB for a wellhead extraction in excess of 10,000 gal./day. The well would be for residential use only and not for commercial use as is currently prohibited by a Town Moratorium. Mr. Hastings stated that thhe Town’s attorney has determined that a utility exclusively for residential use is not prohibited under the moratorium.

Mr. Bergoffen moved that the Board treat the request as for a public utility under section 5.18 of the LUO. The motion was seconded by Ms. Gregory.

A comment from Lisa Cote produced a discussion that the WE Corp and SF LLC., which she represented in the past, had a number of conditions placed on their authorizations for pumping tests. Mr. Bergoffen amended his motion to require the same conditions, as specified in the SF LLC permit, be applied to the request of Fryeburg Water Co for a pumping test. The amended motion was seconded by Ms.Gregory and passed unanimously.

Subdivision Application- Land of Sawyer: Jon Bliss, Bliss Associates presented preliminary plans for a subdivision between Little Chatham Road and West Fryeburg Road. Questions about the status and maintenance of Little Chatham Road were raised. The board reviewed section 21 of the LUO, on subdivision requirements. In addition the board felt it ought to have an opinion from the Town’s Counsel on the legal status of Little Chatham Road. And a letter from Me. DEP that permits from DEP are not required for this development.

A question arose about the fact that one lot of the subdivision has access off West Fryeburg Road and all the rest have access off a proposed road off Little Chatham Road. It appeared initially there wouldn’t be an issue because the lot on West Fryeburg Road already had a residence and private driveway onto West Fryeburg Road.

The board agreed to walk the subject site on Monday, April 3, 2006 at 3:30 PM and add it to the agenda for the April meeting.

Other Business: Hugh Hastings was present to ask if his permit for a excavation on Porter Road, granted last year, needed to be re-authorized for continued excavation. The board said it would look into the question and report back to him.

Burbank Estates

The Board received a letter from the attorney for Burbank Estates. Since the acting chair for the Burbank Estates application, Ms Doughty, was absent the board nominated and elected Mr. Bergoffen as acting chair for the discussion. The applicant requested that the current application be postponed indefinitely and a substitute application be placed on the agenda. The difference in the applications being the original was considered a “cluster subdivision” under the LUO and the substitute would not be a “cluster subdivision”. Mr. Graustein had raised an objection to the request on the issue of whether the Board could postpone one application and take up another. The Board’s counsel, Mr. Michael Hill, recommended that the board could indefinitely postpone the pending cluster subdivision application.

Mr. Andrews moved to approve the applicant’s request but not sign any documents submitted. Ms. Gregory offered a second to the motion and the motion passed unanimously.

Review and approval of minutes: The board reviewed and approved the minutes of 1/5/06, 2/22/06, 2/28/06 and 3/14/06. Mr. Bergoffen asked that his absence of 2/28/06 be noted as an excused absence, which it is so noted.

The meeting was adjourned on the motion of Mr. Andrews, with a second from Mr. Hill and a unanimous vote in favor.

Respectfully submitted

Lindsay Straw

Recording Secretary

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	TOWN OF FRYEBURG, MAINE PLANNING BOARD MINUTE March 28, 2006 Meeting called to order 7:00 PM, Rescue Station. Members present; G.Bergoffen, P. Hill, C. Gregory, D. Andrews (associate), H. T. Raymond (chair) Chairman Raymond asked David Andrews to serve as a regular member and declared a quorum. Public Hearing: Fyeburg Academy Maintenance Building Board member Carol Gregory pointed out, for the record, that she was an employee of the School District, and assigned to the Academy and asked if anyone would request her to recuse herself. No recusal was requested. Chairman Raymond invited comments from the public regarding the proposed building. Bruce Whitaker, an abutting owner, asked about historical tree removal. The applicant responded that the Legion still managed the property and tree removal was up to them. Laura Lucy asked if the outdoor available rest rooms would be improved. The applicant responded that they understood there would be portable toilets for the Legion field users during the season but it wasn’t part of the Academy’s requested activity. No further comments were received, and the hearing was close. Chairman Raymond distributed a draft of possible findings (attached) on the requested use for the board to consider. Septic and security plans were discussed. Lighting was discussed. The applicant agreed with the request of Mr. Bergoffen that exterior lighting meet the “glare” restrictions as required by the LUO. The applicant agreed with the request of neighbors to place planting or fencing along the boundary to serve as a buffer. DECISION: G. Bergoffen moved to adopt the draft findings and approve the request on the condition that the applicant take special steps to comply with section 16G of the LUO with respect to glare from exterior lights and that the applicant work with Mr. Whitaker to achieve a mutually agreed screening provision. A second was provided by Mr. Andrews and the motion passed unanimously. Fryeburg Academy Athletic Facility: Mr. Jeff Larimer, representing the Academy’s architect, presented plans for the athletic. Mr. Dan Reilly, representing the engineers, provided the Land Use Application with supporting data. The proposed facility height exceeds the 35’ limit in the LUO so it was determined a waiver from the Board of Appeals would be need before the FPB can approve the request. A question about the fitness center proposed in the plan produced a comment that the Academy was planning to incorporate a current local business that presently provided services, to the academy, off site. The board pointed out that while the land use tables for the zoning districts involved allowed the basic facility with planning board authorization commercial activities are not allowed. The applicant representatives stated that they were currently in discussions with the state on storm water control, traffic and subsurface waste disposal. The hope was to begin construction in May. Review of the Application: The board reviewed section 16 of the LUO as it applied to the Academy application. Parking was discussed but the LUO is silent on school related parking requirements. The applicant is in the process of satisfying the state requirements for erosion control, storm water control and waste disposal. The final plan will address any concern for Water Quality and Aquifer protection. Action on the Application: Mr. Bergoffen moved that the application be found complete, subject to state required permits, and that the Chairman be authorized to coordinate a joint public hearing with the Board of Appeals to expedite the application process. The motion was seconded by Ms. Gregory and carried unanimously. Fryeburg Water Company Wellhead Request: Hugh Hastings, President of Fryeburg Water Co. requested authorization to drill a well in West Fryeburg and run a pumping test that will determine if the well will meet the requirements of water service to residents of W. Fryeburg and E. Conway and provide the data needed for an application to the FPB for a wellhead extraction in excess of 10,000 gal./day. The well would be for residential use only and not for commercial use as is currently prohibited by a Town Moratorium. Mr. Hastings stated that thhe Town’s attorney has determined that a utility exclusively for residential use is not prohibited under the moratorium. Mr. Bergoffen moved that the Board treat the request as for a public utility under section 5.18 of the LUO. The motion was seconded by Ms. Gregory. A comment from Lisa Cote produced a discussion that the WE Corp and SF LLC., which she represented in the past, had a number of conditions placed on their authorizations for pumping tests. Mr. Bergoffen amended his motion to require the same conditions, as specified in the SF LLC permit, be applied to the request of Fryeburg Water Co for a pumping test. The amended motion was seconded by Ms.Gregory and passed unanimously. Subdivision Application- Land of Sawyer: Jon Bliss, Bliss Associates presented preliminary plans for a subdivision between Little Chatham Road and West Fryeburg Road. Questions about the status and maintenance of Little Chatham Road were raised. The board reviewed section 21 of the LUO, on subdivision requirements. In addition the board felt it ought to have an opinion from the Town’s Counsel on the legal status of Little Chatham Road. And a letter from Me. DEP that permits from DEP are not required for this development. A question arose about the fact that one lot of the subdivision has access off West Fryeburg Road and all the rest have access off a proposed road off Little Chatham Road. It appeared initially there wouldn’t be an issue because the lot on West Fryeburg Road already had a residence and private driveway onto West Fryeburg Road. The board agreed to walk the subject site on Monday, April 3, 2006 at 3:30 PM and add it to the agenda for the April meeting. Other Business: Hugh Hastings was present to ask if his permit for a excavation on Porter Road, granted last year, needed to be re-authorized for continued excavation. The board said it would look into the question and report back to him. Burbank Estates The Board received a letter from the attorney for Burbank Estates. Since the acting chair for the Burbank Estates application, Ms Doughty, was absent the board nominated and elected Mr. Bergoffen as acting chair for the discussion. The applicant requested that the current application be postponed indefinitely and a substitute application be placed on the agenda. The difference in the applications being the original was considered a “cluster subdivision” under the LUO and the substitute would not be a “cluster subdivision”. Mr. Graustein had raised an objection to the request on the issue of whether the Board could postpone one application and take up another. The Board’s counsel, Mr. Michael Hill, recommended that the board could indefinitely postpone the pending cluster subdivision application. Mr. Andrews moved to approve the applicant’s request but not sign any documents submitted. Ms. Gregory offered a second to the motion and the motion passed unanimously. Review and approval of minutes: The board reviewed and approved the minutes of 1/5/06, 2/22/06, 2/28/06 and 3/14/06. Mr. Bergoffen asked that his absence of 2/28/06 be noted as an excused absence, which it is so noted. The meeting was adjourned on the motion of Mr. Andrews, with a second from Mr. Hill and a unanimous vote in favor. Respectfully submitted Lindsay Straw Recording Secretary Back
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