Limington Planning Board Minutes
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MONDAY AUGUST 14, 2000 AT 7:00 P.M.


[Official agenda not available]

Dearborn Brothers Gravel Pit Approval
Acceptance of Cell Tower Applications from Michael York
Public Hearing on Gravel Petition

These minutes were approved at the September 14, 2000 Planning Board meeting with no changes.



The meeting was called to order by Wendy Walker, Chairperson, at 7:00 P.M. on Monday, August 14, 2000 at the Limington Municipal Building.

Regular members present: Wendy Walker, Chairperson; Kreg Rose, Vice-Chairperson; Stanley Blake, Jr.; Chris Clark; Raymond Coffin; Diane Hubbard; Harold Jordan

Alternate member present: Ronald Perkins.

Also attending the meeting: Priscilla Tucker, Secretary; Freeman Abbott, C.E.O.

The first order of business was the review of four applications submitted by Michael York for construction of telecommunication facility towers.

The four applications were missing the deeds. Michael York said he would provide the deeds later this evening.

A site walk is scheduled for August 22, 2000 at 6:00 P.M. The Public Hearing is scheduled for August 29, 2000 at 7:00 P.M.

The next order of business was the application of Dearborn Brothers Construction for a gravel pit.

The following items were added to the Findings of Facts:

Millturn Road is primarily residential.
Old gravel pit road requires trucks to go by three (3) extra houses.
Proposed new road is in the Resource Conservation area greater than fifty (50) feet from the shoreline.

The conditions of approval were discussed.

A letter was received from DEP with, a map which shows that the proposed new access road would be located in the Resource Conservation area. No new roads may be built in that area.

The Chairperson requested the opinion of the Board members on the road issue.

Harold Jordan said he had no problem because Mr. Dearborn had already said he would build up the road.

Planning Board Minutes
August 14, 2000 Meeting
Page 2

Raymond Coffin was concerned about the use of the old access road and who would be responsible for maintaining the road from the wear and tear of the trucks.

Wendy Walker said that maintaining the road would be Mr. Dearborn's responsibility. Mr. Dearborn has agreed to assume the responsibility.

Raymond Coffin was also concerned about the residences and occupants.

Diane Hubbard said she felt the same but the ordinance would address the concerns.

Kreg Rose felt it was too bad the things went as they did with the road. He feels that the road should be paved to the pit entrance.

Wendy Walker said she spoke with the Town Attorney and he said the Board could require the road be paved but it could be appealed.

Stanley Blake asked if Freeman Abbott, C.E.O. could cancel the permit.

Freeman Abbott said if all of the conditions were not followed then the permit would not be renewed.

Ronald Perkins said there are a lot of issues here that are up in the air. The silica is very dangerous to health. He is very concerned for the neighbors. These people have been living there for a while. The people should not be annoyed by the noise and dust.

Chris Clark asked how often calcium was used on the road. Ron Dearborn said if it is dry then the calcium is put down every three (3) days. This is usually during June to October. Mr. Dearborn suggested that if he removed 30,000 yards in six (6) months then he would have to pave the road. He doesn't want to spend $50,000. On the road and not use it, it wouldn't be fair to him. He said he keeps track of all activity at the pit where it goes and what it is.

Chris Clark said it could take up to five (5) years before he has to pave. A sustained level of trucks should be established that are using the road before paving must be done. It was determined that the sustained level of twenty (20) loads a day will be the point at which the road will have to be paved.

Wendy Walker allowed two abutters to make a statement

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August 14, 2000 Meeting
Page 3

Dr. Larsen said he was concerned because of his ill daughter. He felt an investigation to find another entrance/exit should be made.

Wendy Walker said she had spoken with the attorney. Anything that would create expense and involve time could be appealed and the whole process would have to start all over again.

Ron Perkins asked if Mr. Dearborn could request a waiver on the road issue. Wendy Walker said Mr. Dearborn could indeed request a waiver.

Wendy Walker said that the Board has received two letters from the State which state that the impact on wildlife is minimal.

The proposed new road would only go by three (3) houses instead of six (6).

Kreg Rose had heard from Mark Stebbins regarding the property line through the middle of the pond. Mr. Stebbins said the line doesn't come into the picture as the line starts at the edge of the pond.

The following conditions will be included as a part of the permit:

No operation shall begin without a permit issued by the C.E.O.
Shall file a "Notice of Intent to Comply" with the DEP before starting any operation.
Correction to Item #9 on the Plan. The hours of operation shall be 6:30 A.M., idle time, 7:00 A.M. to 6:00 P.M. operation time Monday through Friday. Once a month operation from 8:00 A.M. to 2:00 P.M. on Saturday. No operations shall be allowed on Sunday.
Correction to Item # 19 on the Plan-Signs shall be placed on Route 117 "Quiet Zone, No Engine Brakes."
Add #20 to plan which states that there shall be clearly marked signs so that no there will be no digging near the wetlands.
Trucks shall be allowed on old road until new road is built to standard. When the road is completed the old road will be closed and trees planted to increase the buffer.
Lighting shall be allowed inside gravel pit entrance to protect the pit from vandalism. It shall not have an affect on the abutters.
DEP approved berms shall be constructed if required.

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August 14, 2000 Meeting
Page 4
Add tress to the 150 foot buffer zone from Larsen home and close off old access road.
There shall be no permanent structures.
Strike Item number 13 from the plan.
The access road into the pit shall be treated with hot top for 100 feet from the public way and reclaimed for 200 feet.
The Bond or Passbook shall be computed as follows:
  $1,500. Per acre x 10 acres = $15,000.
Section 8.8.C requires that the amount be multiplied by 125%
  $15,000. X 125% = $18,750.
The wear and tear on Millturn Road caused by the extraction shall be maintained by Dearborn Brothers Construction.
Millturn Road shall be brought to standard before any extraction operation begins.
A sustained level of twenty (20) trucks per day for a period of three (3) months shall require that Millturn Road be paved from the pit entrance to Route 117.

Diane Hubbard made the following motion:

MOTION: To approve the application of Dearborn Brothers Construction to operate a gravel pit with the Conditions and Findings of Fact.

The motion was seconded by Harold Jordan and carried unanimously.

Michael York presented a copy of the deeds to the properties where he proposes to construct the telecommunication facility towers.

Diane Hubbard made the following motion:

MOTION: To accept as complete the four applications by Michael York to construct telecommunication facility towers.

The motion was seconded by Raymond Coffin and carried unanimously.

The site walk is scheduled on August 22, 2000 at 6:00 P.M. The Public Hearing is scheduled on August 29, 2000 at 7:00 P.M.

Wendy Walker explained that the public could attend the site walk. lf anyone is injured, it will be the responsibility of the property owner because he is the person who will benefit from the site walk. The Town holds no responsibility.

Planning Board Minutes
August 14, 2000 Meeting
Page 5

The next agenda item was the Petition for amendments to ordinance-Protection of Residential Properties from Mineral Extraction Industry (see attached).

Wendy Walker, Chairperson announced that each item would be discussed in order, separately.

Item #1, "Amend Section 8.8.C.1"- Mr. Dearborn said this would actually cause the small pits to close down and might discourage other gravel pit operators from locating in the Town.

Nancy Bozenhart asked if any language in the Petition was negotiable. She was told that at the last meeting David Smith said the wording was not negotiable.

Item #2, "Amend Section 8.8.C.9"- Diane Hubbard said she felt the proposed hours were to restrictive.

Ron Dearborn asked what would happen if there was an emergency. Dick Jarrett said that an emergency situation was covered in the amendment.

Dick Jarrett said that in the previous petition sixty (60) hours of operation were allowed and this petition allows fifty-six (56) hours.

It was felt that this item would be almost impossible for the C.E.O. to enforce.

Frank Carroll, pit owner in Limerick, said that the pits like to start early and the workers all have various responsibilities and jobs to perform.

Dick Jarrett said that the current ordinance doesn't cover emergencies but this amendment does cover them.

Lorraine Libby asked if the hours of operation in other surrounding towns were known. Several people at the meeting offered the hours of surrounding towns where they worked.

Item #3 - "Add Section 8.8.C.15 to the Performance Standards" was discussed. Ron Dearborn said that if this was enacted he would have no access to his pit.

Item #4 - Add Section 8.8.C.16 to the Performance Standards" was discussed. Ron Dearborn asked where the six hundred (600) yard figure came from. Dick Jarrett said the figure was proposed by the residents. He said that Sandra Negus had proposed five hundred (500) yards in her proposed amendments. The purpose of this is to limit the number of trucks going past the residences.

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August 14, 2000 Meeting
Page 6

Wendy Walker asked what if the pit is not located near residences. Dick Jarrett said that Limington is a residential community and, therefore, will impact residences.

Mike York asked Cal Lewis, Road Commissioner, how many cubic yards the Town used. Mr. Lewis said the Town used about 4,000 yards a year which takes about four days to store.

Lorraine Libby asked if the Town purchased gravel from one source. Cal Lewis said it goes out to bid and one person is awarded the bid.

Item #5 -"Add Section 8.8.E.2"- Wendy Walker said this item would mean every gravel pit would have to comply within one year.

Nancy Bozenhart said she felt this would be an undo burden on the pit operators.

Ron Dearborn said that if anyone knew this was going to be enacted they would probably remove all they could before the amendment went into effect.

Item #6 "Add Section 8.8.E.3" - Mike White, pit owner, said if this passes he will be back before the Board over and over again. Dick Jarrett said only older pits would have to come before the Planning Board and provide documentation necessary for approval.

Item #7 "Add Section 8.8.F.1" - Freeman Abbott, C.E.O. said the Town already has this requirement except the fee is $50. Per acre, not $100. Dick Jarrett stated that the having the pits renewed each year would allow the C.E.O. to keep on top of things.

Mike White said that when he was approved the pit was already there. There were thirty (30) acres open when he started plus five (5) acres he opened which would mean he would have to pay $3,500.

Ron Dearborn said that if he had ten (10) acres open a year and did not use the pit the entire year he would have to pay $ 1,000. He did not think this was fair.

Item #8 "Add Section 8.8.G.1" - Ron Dearborn said that if the pit was not in compliance, the pit would be closed by the C.E.O. The pit operator would not be able to get a permit for another new pit.

Item #9 "Add to the end of Section 10.3.A.1" - Wendy Walker said that she called the Town Attorney and he will research this and it will be addressed at the August 24, 2000 meeting.

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August 14, 2000 Meeting
Page 7

Item #10 regarding retroactive application of these amendments was discussed.

Mike White asked if he could take the opportunity to address questions regarding what he has done for the Town.

The Town put the land on Route 117 up for sale. He wrote a check in the amount of $257,000 for the land. The fire barn was included in the deed. Mr. White said he didn't want it so he had the deed rewritten and returned the fire barn to the Town at his expense. He cleaned refrigerators, cars and other debris from the area at his expense. The Town has a guaranteed reclamation (Bond). He sold 325 acres to Wand Fisheries and Wildlife who wanted the property because the wetlands and pitch pines were unique. Mr. White continued that he has three (3) employees who live in Limington and sixty (60) who live in York and Cumberland counties. Mr. White gave a brief history of the pit on Route 117 and its legal struggles. He said the site is presently inactive but there has been some vandalism which amounted to about $15,000.

Andy Smith, with Pierce, Atwood, attorney for Mike White briefly gave his opinion of the proposed ordinance amendments

He said the Town already has a viable ordinance. He said you need consistency with balance not more restrictions. The Town rejected these changes a couple of years ago so why keep raising them. The proposed amendments contain sections that would invite legal action. The "de novo" item is unartfully written and is confusing and misleading. He said the way the ordinance is written it would interfere with reasonable expectation. It would make any operation uneconomical. It would be as a moratorium in gravel pits because it would limit funds. The language in the amendments is ambiguous. The Board of Appeals would be appellate. Every applicant for a permit would bring attorneys etc. to ensure that they had a complete record in case an appeal was necessary.

Wendy Walker said that the matter will be carried to August 24, 2000.

Planning Board Minutes
August 14, 2000 Meeting
Page 8

Diane Hubbard made the following motion:

MOTION: To adjourn the August 14, 2000 meeting of the Planning Board.

The motion was seconded by Raymond Coffin and carried unanimously.'

The meeting adjourned at 10:00 P.M.

State of Maine STATE OF MAINE

August 14, 2000

Limington Planning Board
P.O. Box 240
Limington, Maine 04049

Subject: Dearborn Bros. Inc. Project, Boyd Pond, Limington

Dear Board Members:

The DEP shoreland zoning staff has reviewed a site plan that was apparently presented to the Planning Board at its meeting last week concerning the proposed gravel mining operation east of Boyd Pond. This plan incorrectly shows the Resource Conservation District boundary at 100 feet from the shoreline, and the proposed access road located outside of this district. In fact, the District extends 250 feet in width from the edge of the pond and marsh.

The Limington Zoning Ordinance does not allow the Planning Board to approve gravel mining in Resource Conservation District adjacent to moderate and high wildlife value wetlands. This prohibition applies to the wetland at the south end of Boyd Pond. It does not apply to the Resource Conservation Districts located midway up to east shore or to the wetland at the north end of the Pond. These Resource Conservation Districts apply to the wetland areas within 250 feet of the pond, not to the upland area adjacent to the wetlands. I have attached a partial site map showing the limits of the Resource Conservation District for your review.

Finally, the Limington Ordinance (Section 8.8.B.1, page 87) requires applicants for a Conditional Use Permit to include all required State permits with their site plans. Please be aware that Dearborn Bros. Inc. has been notified that DEP approval is required prior to any excavation work on this project, but that no application has been received to date.

I hope the above information is helpful as you consider this proposal. Should you have any questions, please contact me at 287-2111.

Dan Prichard
Dan Prichard
Shoreland Zoning Coordinator
Bureau of Land and Water Quality

AUGUSTA, MAINE 04333-0017
(207) 287-7688
207) 941-4570 FAX; (207) 941-4564
(207) 822-6300 FAX: (207) 822-6303
(207) 764-0477 FAX: (207) 764-1507

web site:

Map from DEP
Portion of Map presented by DEP

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