Town of Fryeburg Maine
Settled 1763,  Incorporated 11 January 1777

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Fryeburg Planning Board Minutes
November 1, 2007 7:00 PM
Molly Ockett Middle School

In attendance are Michael Holtgefe, Kathleen Heggie, Carol Gregory, David Andrews (alternate), and Boni Rickett. Bill Dale, attorney for the town of Fryeburg.

The meeting was called to order at 7:00 pm and a quorum is present.

This has been an ongoing meeting for the last two years regarding Poland Spring. First there will be a twenty minute presentation by the applicant and then the public will have an hour to speak, by alternating. At the conclusion, the Planning Board members who have been given the written materials will make a decision to make a decision or to give it some thought. This matter was presented aproximately two years ago to the Superior Court, and then it was remand back to the Planning Board.

(The letter read is in the minutes.) The Maine Supreme Court appealed it and sent it back to the Planning Board for the remand order.

This application was approved by the Planning Board and was appealed by some motions. It was an 18-page solution to make it workable for the town. It has come back to us to look at one component of that decision. To focus on the aspect, of this loading facility off of Route 302 which will load water that is piped in from Denmark. The issue is, having the loading facility 50 trucks coming in and out a day, is that low impact or not?

The Nestle’s representative from Poland Springs is Attorney Ahern who will speak first.

Mr. Ahern is from Pierce and Atwood in Portland, which represent Poland Springs. Materials submitted from Mr. Anderson are in the minutes. The development of l acre of land and two trucks or less per hours to a loading facility station.

I would like to talk about the court decision. The court has decided it was an omitted use and all the land ordinances have been met. Section 5D, and Section 14, 16, 17 are all standard use.

The proposed traffic activity is a low impact business. The Planning Board has no such requirement. The comprehensive plan says it is not a zoning ordinance. The land use ordinance is a complement to the comprehensive plan. The comprehensive plan says that it is a guide It describes each use on page two in Chapter 13. Each district uses are proposed and should be allowed, should it be used throughout and is not a requirement. Looking back at the land use ordinance and incorporate the descriptions in the comprehensive plan. Rural residential is on page 6 of Chapter 13. It recommends the action to be done, and is implemented by land use ordinance measures. The ordinance is to be administrated by the Planning Board. The Planning Board held and the court agreed to a proper omit of use. The load facility is a non-intensive use. The traffic ordinance has been met and it is a low impact business.

John Edgerton, an engineer with Poland Springs, speaks that the proposal is a non intended use. The 2005 application materials are to focus on traffic. There is a lot of emotion about the project and we need to be objective to look at things. In terms of the submitted materials the traffic impact study was prepared and at a level of surface B. One high traffic location was not a view of being done. The findings in the Godfrey study came together with Maine DOT and confirmed that high crash case was not a deficiency. That is based on peak traffic intention. This is a low impact use. The DOT earlier on retained the same firm as the town, Wilber and Smith, a truck network study throughout the state. 60% of the freight in the state travels by truck. Feedback came from the regional transportation advisory. Rte. 302 is a designated area for truck travel thru this region as the economy in this state runs on trucks. Permitted uses in this area are schools, hospitals, etc. Heavy truck traffic could exists in this zoning district. And the DOT reviewed the access point and determined it was a safe access point. The Maine DOT has established the location and it is a safe location. The DOT traffic movement process more than 100 passenger car within a half hour. Permitted uses such as schools, hospitals, in this area. Two trucks per hour is compared to a 4 passenger cars. The car’s equivalent is less than l/10 th the threshold and took use to determine it.

Q: The noise study.

Scope was traffic and not noise. We did not prepare because the scope was on traffic not on noise. The map is in the record that shows the traffic routes. It is projected that a portion of the traffic runs thru east back towards Bridgton. Materials that Bill sent out show the traffic report, under the cover letter of 10/19/2007. The first attachment is a letter from Jeff Holt. The materials from 8/30/2005 from Poland Spring and a map showing the load out facility. Additional materials have been made and passed out to the Planning Board members, from two years ago. One of the submissions made two years ago shows on the map in bold face. Mark Dubois, a natural resources manager from Poland Springs, proposed to split trips evenly between facilities. We will try to fill loads to factories and split traffic and not come in the same way we go out.

A comment made from a citizen in this town was a situation that came up and we didn’t know it was going to come up. The trucks are very noisy especially in town. Trucks have made me keep my window shut due to the noise. Is that low impact? It is a lot of trucks going by all the time. Noise is an impact to traffic.

Scott Anderson is here on behalf of the East Fryeburg residents. First, why are we here this evening? We have heard a lot about how the process going thru is legal, unclear or vague. All of those arguments were made to the Supreme Court and go back to the Planning Board to follow thru with the remand order. The decision made is what everyone will be reviewing. If mistakes are made under the law in Maine they will review what you have done to see if it has been done proper. What does the Planning Board need to do in this situation? Is the trucking facility in the land use table? Did it meet the standards as a prohibited omitted use? The Planning Board made sure it made all the standards applied. Since then it has been reviewed. Both of those bodies found l and 3 were okay. They meet all the standards and are a land and omitted land use.

Second item is this trucking facility a low impact use? In making this determination you need to look if this is a suitable location for this activity. Purpose and intent is for the Rural Residential District. The natural resource industry in a Rural Residential District is a home based business. This project will be 50 trucks a day 24 hours a day 365 days a year. 100 truck trips each day going to the site. It is non-stop. These trucks are not like cars pulling into a Dunkin donuts. They take over a minute to excellerate on Route 302. It is coming out onto a stretch of a high crash location, look at the record and people who have commented, everyone spoke out against this project due to the truck traffic. The Chief of Police, Super. Of Schools, all regard the traffic and safety in this high crash section. Read the Wilbur Smith study. It didn’t come in, it was data that was studied and the consultant raised a bunch of concerns. Concerns were the quality of pavement, and the Hemlock Bridge intersection. We have large trucks running 24 hours a day in order to try to make it fit. The board was put in a position to fit it all into this. Potential improvements to the intersection of a high crash area. If you look at the ordinance, and the Comprehensive Plan, it is set for home based business for low traffic impact. This one issue has been found to be faulty; a loud use under the ordinance and gives consideration to find that this is not a low impact or home based business. Poland Spring relies on the DOT standards and they have been weakened. The question is whether it is a home based and low impact uses and is compatible.

Rebuttal from Mr. Anderson. We would like to encourage you to go back and review the record. Everyone spoke for it as well. The 50 trucks we are required to put forward the max. # of trips is 50 trucks a day. Poland Springs never said we would run 50 trucks a day, Thanksgiving or Christmas. The non intensive use is likely to run July thru Oct. as 22 per day.

Rebuttable #2. The permit is for 50 trucks per day no restrictions on any day, only when school buses apply. Poland Springs should submit a different application for its load impact use.

Kathleen Heggie: I would like to remind the citizens that the Planning Board’s job is to decide that this is a low impact business. There are different sides and the process I saw is what the impacts that this business would have. Noise, traffic, safety and wear and tear on the roads. There is a lot of animosity in this town towards Nestles. I have no problem with Nestle, but I ask why is everyone so angry? I had to find out why? It is just a business with some negative association with Nestle. When you come you need to discuss the issue. Nestle came into this town thru a back door, it came thru another company. They are not the enemies but they have been made an enemy. I ask the town to show respect to someone we are doing business with now. It has been difficult working with Nestle.

Mr. Ted Raymond I object to the fact that you only had chairs for both. I am neither. My interpretation of the Land use ordinance. Mr. Raymond’s letter is submitted in the minutes.

Christine Green: I followed a tanker down 302 to 11 to 26 to 122. Is it going to be adding more trucks? My kids live right in the center, and I feel that it is not safe.

Mark Dubois responds. As far as truck traffic we ran trucks on all of the sites 105, Tuesday, 136 loads Wednesday, Thursday loads were 120. There are 50 to 60 loads out of Fryeburg now, if the site adds it is a condition of this permit are 50 trucks a day.

Louis Caffrey. The issue is about the site is in terms of the safety of students of the busses. I did not know it was a high crash zone but did know that it was dangerous. It is a scary place. I found out about the area for loading tankers, you couldn’t find more of a dangerous spot on the highway. Reduce trucks during school bus time it may minimize the threat but I don’t think we should minimize it and then you add in snow and ice and other conditions I feel it is very dangerous.

Hugh Hastings

I have worked with Poland Springs.The Fryeburg Water Company has a contract with them. That contract had to go 5 years before it can be changed. I gave notice 2 l/2 years ago to stop selling water. When we do stop everybody’s bill will jump. School and hydrant fees. Nestle is a fair company. This town could benefit greatly if they were on their side. You will be paying all kinds of money out of lawyer’s fees.

There are a number of things untrue that have been published in the paper. I haven’t fought it because it wouldn’t go anywhere. All will have a rate increase as of Nov. 15.

The Fryeburg Water Company will raise the town's hydrants rates 25%, and others 16%. If you want to double that, that is what it is going to be. They are a good company and have been treated better other places than they have been treated here. It is very important for the working people in this town to have a bottling plant. A good place would be next to the state line near Haley Town. Look at all the businesses that you have lost in this town. It would help the area considerably.

Howard Dickinson

I represent the Conway Board of selectmen. We support the position that this proposal is not a low impact facility and not permitted in the Rural Residential district. Numerous amounts of trucks travel over into New Hampshire. We will be writing a letter reflecting these thoughts and be sending it to the Town of Fryeburg.

Mr. Dubois. There is traffic and accidents and we all know how unsafe it is out there. We have had a couple of traffic studies done, between Richardson road and East Fryeburg. Four accidents were car accidents and moose accidents. We have in the process permitted constructed and started to use spring water 4 times the rate in Denmark. The Denmark site is 100,000 gallons a day. At Each one of those sites we formulated a traffic committee meeting. We meet with locals, and meet with the DOT. We asked for 24 hours trucking for jobs that are 24 hours a day. In order to provide the jobs we need the trucks on the road. There is a lot of traffic on 302 and we do not feel that the trucks are contributing to a lot of traffic. Were able to work with the folks in the town of Kingfield and want to work in conditions with this town. We do not run 100 trucks a day thru Rangley. We are not going to run trucks everyday. On November 14, we will be opening an office in Fryeburg and I invite you to come in and talk to us about this.

The Rural Residential District requests to have copies of all materials submitted tonight.

Howard Dearborn

I offered to give microphones to all at the table tonight and no one answered me. If I knew this was going to be such a mess with lawyers and such I would of never founded my company in Fryeburg. I am not against selling water. I am against taking all you can get and the town gets nothing. I am against ruining the ecology. Lack of spring water that should go thru the pond and not in a truck.

Bill Mosher

If Fryeburg is low impact why do they have to redesign route 302?

How can it have a low impact on wildlife?

The impact of trucks 24 hours a day how does that feel to the people next door?

Some say it is against the law to idle a bus.

Diesel fumes are at 395 hits first l0 on heart, blood bone marrow.

Ken Brown

As far as the safety part goes I had a niece in front of Jockey cap. Poland Spring truck hit her. She did have her light on. Six trucks two loaded and 4 were waiting. That’s not what low impact means. Walker’s Hill is a short visual area that you can see. If he thinks the loss of my niece is so trivial he doesn’t care about anyone else, neither does Nestles water co. Mr. Hastings you threaten that your going to have an increase depending on what happens to Poland Springs. I think you owe the audience one hell of an apology.

Dave Hendricks.

Rural Residential Living. I came in 1992 to Fryeburg as it was suited good for my family. But most importantly it was a choice I made. A choice to live Rural Residential and not a city. Poland Springs wants to come in and change that entire area. In the future it will change the whole envioronment of Fryeburg. All the applications will come in to move their products here and get their big time lawyers to pick apart one thing at a time. The Planning Board is representing these people who live here. We want to live in a Rural Residential area where it is quiet. There is no trucking facility that has a satellite location. Shaw’s moves their trucks from left to right but not planting their trucks one place constantly. A 100 trucks a day 36, 0000 a year. When I first came to Fryeburg I asked what Rural Residential is? I was told the worst you can do is sell fruits and vegetables, or be a plumber or contractor. Poland Springs wants to come in and disrupt the Rural Residential area and what we try to protect. Why would we want to put it in just for them? How about if they move right next to your house going all day long. We don’t want Poland Springs in this area. I don’t have a problem with Poland Springs but your type of business does not belong in this area. The water industry has a high demand. They will submit another application down the road to keep up with the demand.

David Powers, Transportation Director of the School District.

The speed is in an unsafe area especially with the School busses that run all day. You can come upon these trucks doing 70 mph. It is big impact.

Sally Gibson

I am concerned with the road use and the impact on the road. We drive Route 302 everyday and I can tell you it is not in good shape. My car gets lost in the holes already.

If you look at the sun you really can’t see. If the road is wet, there is glare in both directions. I don’t believe the road will have large enough shoulders for a passing truck.

I am concerned about safety on the road for everyone. This has to do with the land use and the comprehensive plan lawyers from big companies with big bucks to work their way around it. Maybe we should have a chance to go back and fix our comprehensive plan.

Emily Fletcher

At some point Mr. Ahren eluded to the fact that Rural Residential standards were vague. There are three centuries of Rural Residential standards, views, mountains, streams, rivers, and solitude. Incorporated in 1977 rural speaks for itself; it is safe, beautiful and rural. Regarding the impact, it is hard to put in five minutes of speaking. It is complicated because it is all picked apart. There are a whole lot of threats. If you cut down a woodland and put in a concrete pad a chain link fence, a tanker, lights

and exhaust, what is medium or low. To me that is 100% impact it is commercial in rural, area. It is a high impact truck. A crash site. Children are at a risk if it is high impact.

The thing that frightens me is the precedence that this sets. Once you open this door to the multi-million dollar predator and that your families and properties are at stake you allowed that once and you can’t allow it again. It will set a precedence. Please consider carefully, and vote for your own future and families. Please vote for us in a Rural Residential lifestyle.

Edwin Cook

I have lived for 36 years in Fryeburg. I would like to thank the Planning Board for putting the effort in this. I have a problem with the Nestles’s attorney and put forward in what they put in schools all these things bring something to the community based. This is the kind of business that can be done on a calculator. You have to look at the whole picture. There is no comparison.

It has to be looked at as far as the real impact it brings nothing in it takes everything out.

There is a dangerous part of the road, and in order for this operation to work requires elaborate trucking. If things get held up there is a tendency to speed up on the road. A driver training course would help. Most people who use this road are on vacation or a rush to work. If they can take the opportunity and the number of vehicles and number of trips the odds and the statistics turn against an accident free operation.

Ella Cressy

We have already opened the door to the propane facility in East Fryeburg. Be careful. You can get in an accident with a logging truck or other trucks as well as a water truck. Think hard about what you’re going to do.

Maureen Forbes

I stopped looking in Fryeburg for land because of this issue. If you take on Poland Springs what makes you think the quality of life in my business as an organic farmer will be. I am not looking at Fryeburg now. Look carefully at your criteria. I believe that the propane farms around are grandfathered. You have to step back from things that are grandfathered. Once you have done that you can never bring it back.

Hannah Warren

The impact of this was never discussed. It was based on a natural resource industry.

There are impacts that have not been discussed. The idling diesel fumes, the ecology and the impact on nature and the trees. Impacts that others can bring up that you need to look at. It can impact 80% of Fryeburg . Businesses are opening in Fryeburg on 302. I can’t imagine the doubling of truck traffic. People can’t turn into my facility to buy my products. I can hear them down by the cemetery.

Roger Wheeler

What does this open the door for? The gravels in this area that the water goes thru are worth more than the water. Think of Global warming and the infrastructure. These are the best gravels and sands in the world. Does this open the door for gravel being hauled out of this area? On safety, I am the Middle School Coach. When I was in the back of the bus I turned around and saw a Poland Spring truck that passed us. I asked the bus driver how fast he was going. The bus driver was doing 55mph. It was unsettling. I have seen a Water tanker go off the Hiram bridge years ago. Safety is like a Russian roulette.

David Knapp

This is about the wrong thing in the wrong place. Each of those other uses was found to satisfy. They did not appeal to the Planning Board. This case has emotional baggage. This case has us hate Nestle and preserve our water. The facility in East Fryeburg is wrong. Rural Residential is exactly what it says. If Poland Springs is serious about engaging jobs in Fryeburg, let’s have that conversation. Poland Spring is not the enemy but the manner in which it has chosen to address us makes them the enemy. Poland Springs can be a good neighbor but we haven’t had a chance to find that out. It is about the appropriateness of this activity.

Nicole Cote Crosskill

How important it is to understand how the increased traffic is in the Rural Residential area. I can attest to the fact to allow numerous trucks to go 24/7 would have a serious impact. The corner of Hemlock and Denmark has made me enforce to restrict my children riding bikes down the street. It is not a main highway for us but a road that goes thru the neighborhood. When my children were gaining driving highway experience

I constantly reminded them the dangers of the road in this location.. Please bear in mind that there was also a fatality in that location. Also I myself had near misses due to driving conditions. Increasing the traffic does not make sense. I employ you to please recognize the decision you make it is not what a Rural Residential can afford.

Brian Bassett

The propane facility that I spoke with has an operations manager of White Mountain Oil. They have two truck trips a week, only 100 a year

Kathleen Heggie

I asked Mr. Dubois if all these concerns have been on the table since you have submitted this application. Water is a big issue here. Nature is very important here. There is not a lot of big industry here. Given all those………please speak.

BREAK

The next Planning Board Meeting is November 13.

Mr. Dubois

I would like to speak concerning noise. The original application had a noise study done and it had no specific impacts shown.

Noise is a concern as I live in Portland and the highway wakes me up every morning.

It is different noise than up here. Regarding Safety, Tom Redding was behind the young lady with the accident. We know about traffic concerns and that intersection. Trucks are not involved in accidents in Fryeburg everyday. We work well in other places and want to listen to a lot more in town. All the impacts were reviewed. We look forward to a long and patient process and to listen to people and work thru it as long as it takes.

In regards to the fumes, we have to shut off the trucks as we load. Also to let you know that a gravel permit is a permitted use.

Rural Residential Director

What is before you now is a permit that set an application and was filed and you have to determine if that is used in a Rural Residential District. The town of Fryeburg has a zoning ordinance that was drawn up with various different uses. We went thru the process of doing a land use plan. This doesn’t fit any of these categories. Yes trucks use state highways but the town decides what the land is used for on the side of the state highways.

Next Meeting is November 13 th, at 7:00 PM.

Meeting adjourned at 9:15 pm.

Respectfully Submitted, Ginny Manley

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