Town of Fryeburg Maine
Settled 1763,  Incorporated 11 January 1777

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Fryeburg Planning Board
July 31, 2007 7:00 p.m.
Town Office

The meeting was called to order at 7:00 p.m. and a quorum was declared.

Board members present: Gene Bergoffen, Mike Holtgrefe, Ed Price and Associate member David Andrews. Carol Gregory and Kathleen Heggie were excused. Chairman Bergoffen asked David Andrews to serve as a regular member for the meeting.

Application Review for Garage on Parmenter Property, Route 113 in North Fryeburg - The Parmenters were present for the review of their application for a Service Garage. Both Applicants indicated that their business would be an automotive repair business, excluding motorcycles. They also indicated that they would not be selling vehicles from their place of business.

The Parmenter’s business falls under Section 5, Category 11 of the Land Use Ordinance Manual and their application is compliant with the rules and regulations. Discussion took place regarding the access control and traffic impact. Ms. Rickett recommended the Parmenters to obtain a DOT permit due to the change in use of the driveway.

The Parmenters also expressed concerns on the lengthy process in getting the application for their business approved. Chairman Bergoffen explained the process rules and regulations to the Parmenters, which was received well.

A motion was made and seconded on whether to hold the application complete. The motion passed to accept the application subject to attainment of the DOT permit at the time of hearing. All were in favor.

Bonnie Rickett suggested to have the hearing waived due to the recent zoning change approval at the town meeting and the public’s opportunity to speak at that time. A motion was made and seconded to waive the public hearing and approve the permit subject to obtaining DOT permit. All were in favor.

Preliminary discussion of likely actions regarding Nestle water loading facility in light of Supreme Court decision and Appeals Court mandate - At the request of Fryeburg’s Town Manager, Phil Covelli and Board of Selectman, Chairman Bergoffen has consulted with a new attorney. Mr. Covelli referred William (Bill) Dale of Jensen Baird Gardner & Henry in Portland to represent the Town of Fryeburg. Attorney Dale will be reviewing the materials before beginning the process in this matter.

Chairman Bergoffen indicated that there would be no discussion on this matter until after he consults with the new attorney.

A question was asked as to why the change in attorney? Chairman Bergoffen responded that he is following the advice from the Town Manger and Selectman and is not sure of their reason.

Park Burmeister said that he has been attending the Planning Board meetings as the representative from Nestle/ Poland Springs. He will be leaving his position to return to school and the new representative will be Noah Keteyian. Mr. Keteyian will be attending the Fryeburg Planning Board meetings relative to the issues of Nestle/Poland Spring.

Chairman Bergoffen feels that in the future this subject should be addressed separately from the regular Planning Board meetings, but will consult with the attorney about his opinion.

Application Review of two lot Subdivision on Gary Whitten Property

Jon Bliss from Bliss & Associates presented the 2-lot subdivision on behalf of Gary and Sally Whitten. This subdivision is located on Jordan Camp Road, off Routes 5 & 113. Jon and Board Members discussed the issues of traffic impact and road maintenance. Discussion took place on a requested waiver for monuments and sidewalks, required by sections 21.I.D.9 and 21.II.A of the LUO. There is limited access to Lot 2 on the Jordan Camp Road. Sally Whitten has put together covenants on the limited access. Jon indicated that Lot 1, the Whitten’s daughter and son-in-law were in the process of building a house.

Chairman Bergoffen questioned Jon on the meaning of the references to survey plan templates. Jon further discussed that the lots border a Brook (Cole’s Brook) and there is a steep banking to the Brook. There is a 75-foot protection zone in accordance with the State’s Natural Resource Protection Rules and Regulations.

Mike Holtgrefe asked how close was the septic? Mr. Bliss responded the septic is a minimum of 10ft. from the property line.

There was a motion made and seconded to find the application complete and to schedule a hearing for August 28 th. All were in favor.

Pre-application review for two lot subdivision on Buzzell property, Field View Road – Jon Bliss of Bliss & Associates, also presented the two lot subdivision on behalf of Rich Buzzell and Ralph & Barbara Arnold. The subdivision is located off Little Chatham Road, extension to Field View Road. Mr. Bliss indicated the proposal is an extension of Field View Road to the two-lot subdivision. He also commented that this is Phase I of a larger subdivision to be brought forth at a later date. The applicants are currently in the process of obtaining requirements by State DEP for the additional phase. Each lot is approximately 1-acre each in size. Chairman Bergoffen asked if Field View Road is privately maintained? Mr. Bliss responded that it is a privately maintained road and the intention is for the entire road to remain private. Chairman Bergoffen explained his intention for the road maintenance question was due to the Board of Selectman’s concerns of impacts to town roads with respect to the Planning Board approvals. State Statutes were reviewed on subdivision law. Chairman Bergoffen expressed some concern about the fact that this was the beginning of a larger process. How might it “play out”? The Board would like a sense of any impact that the second phase of the process might have. Chairman Bergoffen suggested that for his next presentation, Mr. Bliss include a wider scale of the map to show any implications to the surrounding area.

Discussion with representatives of Hicks Property relating to LUO amendments for multiple, senior family units – David Hicks presented his need of assistance from the Planning Board regarding future use for the empty building on Oxford street. This property has been in the Hicks family since the 1950’s. It was a Nursing home from 1954 until 1995 when it became Hicks’ Assisted Living until it closed in June of this year. His goal is to put in 8 apartments approximately 500 sq. ft each for senior housing. Discussion took place on current Land Use Ordinances and zoning. Chairman Bergoffen felt that amending the current Land Use Ordinance would be the pro-active approach. Ms. Rickett mentioned that she had called MMA and spoke with Sue Pilgram and was unable to find any towns using special circumstances for senior housing. Sue also cautioned that they might face age discrimination issues if special circumstances are made to the current ordinance for seniors. Jon Bliss suggested looking at Section 4.2 in the Land Use Ordinance since the building already exists and the change in use would be les s non-conforming. It would need to be presented to the Appeals Board for approval. Chairman Bergoffen, after polling the Board indicated that Mr. Hicks has the approval of the Board to move forward on developing scenarios relating ultimate Town approval of proactive approaches to authorizing multifamily, senior housing It was recommended that Mr. Hicks meet with Bonnie Rickett to discuss the matter further.

Administrative Matters

1. Discussion of Selectmen’s request for a meeting on Road Use impacts on August 23. All Board Members present agreed to the Selectmen’s request for the meeting. Chairman Bergoffen recapped recent issues with the gravel pit business approval and its impact on HaleyTown Road as some of the reasons for the Selectman’s request for a joint meeting. Ms. Rickett mentioned that she had contacted the State Planning Office and received information on Impact fees and will circulate it to the Board. Chairman Bergoffen suggested that reviewing that information would be helpful prior to the meeting on August 23 rd.

Ms. Rickett indicated that there are mandatory changes to the Shoreland Zoning Regulations and that she went through the sections of the Land Use Ordinance and made the necessary changes. She is requesting the Board to review and approve these changes. Chairman Bergoffen suggested that she contact a DEP Attorney to review the changes and request approval.

1. Approval of Minutes of May 29 meeting – The minutes for the May 29 th meeting were taken by Carol and are not completed yet.

Further discussions :

Chairman Bergoffen received a report in the mail on Wildfire User Interface. He indicated that Fryeburg is in the middle to upper tier of potentially experiencing a forest fire. Questions were raised if the town wants to educate the people or make changes to the Land Use Ordinance. Ms. Rickett was asked to speak with the Fire Chief regarding the issues and report back to the Planning Board.

August 23, 2007 , the Planning Board will meet with the Selectmen as requested.

Next board meeting will be on August 28, 2007.

Respectfully submitted,

Deborah Tait

 

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