Town of Fryeburg Maine
Settled 1763,  Incorporated 11 January 1777

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MINUTES FRYEBURG PLANNING BOARD
JULY 31, 2006, 7:00PM, Town Office

Quorum declared. Board members present D. Andrews, C. Gregory, P. Hill, T. Raymond and G. Bergoffen-chair. M. Holtgrefe, excused. In Michael Holtgrefe’s absence, David Andrews acted as a Regular Member.

Public Hearing Burbank Estates, Applicant represented by Jon Bliss, Bliss Associates and James Katsiaficas Esq. The applicant, Don Thibodeau, was present as was John Graustein Esq. Representing the interests of Fryeburg Trust, owner of land adjacent to the subject applicants’ land.

Representatives of the applicant provided a brief update on the proposed plan and submitted a letter from MEDEP that stated the required storm water permit remains in effect. In addition the applicant provided the board with a copy of an agreement with Fryeburg Trust and a prepared statement regarding board approval, which the applicant requested the board use in its decision and copies of the certified notices sent to property owners nearby the subject property.

Sue Frost, an abutter, requested an explanation of the plan changes under discussion. Sue appeared satisfied with the explanation. No additional comments were received.

Decision: The board reviewed a 6 page “decision” document, submitted and recommended, by the applicant. Attorney Graustein affirmed that his client was in accord with the proposed decision and that a document evidencing agreement between Fryeburg Trust and the applicant was in escrow. The agreement would be noted on the final plan and recorded with the original plan. The Board approved the application, unanimously, with the applicant’s requested findings, including the requested waivers set out in the submission. D. Andrews made the motion and C. Gregory provided a second to the motion.

Bald Peak Pit. Review of the application was continued from the public hearing held on June 27, 2006. Hugh Hastings, the applicant, submitted additional information as requested. The additional information included a hand written plan for closing and recovering the excavation after operations ceased.

A motion to approve with conditions was made by T. Raymond and seconded by David Andrews. The following conditions apply:

1. During the excavation a 75’ buffer to the side and rear property lines must be maintained.

2. The hand written recovery plan, provided with the application, is incorporated into the permit with the exception that the 2-1 grade contour referred to is waived.
3. The applicant is to provide a final grade plan, on closure, prepared by a Maine licensed surveyor and acknowledged by the planning board prior to recording at the registry.
4. Within 12 months following the completion of extraction operations all debris, stumps and similar material shall be removed for disposal in an approved location or shall be buried on-site. Only materials generated onsite may be buried or covered onsite and must be above any seasonal water table.
5. The extraction activity under this permit shall be deemed complete in the event less than 100 cubic yards of material are removed in any consecutive 12 months period or the permittee acts to declare the activity complete and performs the requirements for closure.
6. The requirement of a bond is waived so long as the Hugh Hastings family or heirs of the applicant own the subject land.

The motion passed unanimously.

Revised Ground/Spring Water Extraction Ordinance. Peter Garrett of Emery and Garrett Ground Water Inc. was present to answer questions and explain the development and rational for the “wellhead protection” overlay proposal.

A motion to approve the proposed ordinance, with additional language, expected from Mr. Garrett and to be circulated to the Board, providing for a 75% factor from “sustainable and available” water for extraction. Following incorporation of the additional language, the Board unanimously approved forwarding the LUO amendments to the Fryeburg Board of Selectmen for a town vote at the earliest possible town meeting.

Meeting adjourned at 9:00PM

H Ted Raymond, recorder

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