Limington Planning Board Minutes
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TOWN OF LIMINGTON
PLANNING BOARD MEETING
THURSDAY NOVEMBER 16, 2000 AT 7:00 P.M.
LIMINGTON MUNICIPAL BUILDING

AGENDA

1.CALL TO ORDER

2.PUBLIC HEARING OF APPLICATION
BY OLIVIA DAICY FOR A JUNKYARD PERMIT

3.ZONING ORDINANCE MODIFICATIONS

4.CURRENT STATE OF PROPOSED ACCESS ROAD
AT WEBSTER MILL PLACE

5.OLD BUSINESS

6.NEW BUSINESS

7.ADJOURNMENT


These minutes were approved at the December 21, 2000 Planning Board meeting with changes.


TOWN OF LIMINGTON

PLANNING BOARD MINUTES

The meeting was called to order by Wendy Walker, Chairperson, on Thursday, November 16, 2000 at 7:04 P.M. at the Limington Municipal Building.

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

Alternate members present: Ronald Perkins.

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

The meeting was videotaped by Richard Jarrett.

The Public Hearing on the application of Olivia Daicy for a junkyard permit was the first item on the Agenda.

Mr. Daicy was present to represent Mrs. Daicy was [corrected to "who"] is very ill. Mr. Daicy has a "Notice of Decision from the Appeals Board dated September 9, 1998. A copy is attached. The decision of the Appeals Board at that time was "the Board decided the existing storage of the tires and other junk was a legal non-conforming use."

Freeman Abbott, C.E.O. stated that neither Mr. Or Mrs. Daicy came in for a permit from him. A permit is required every year the junkyard is there.

Mr. Daicy said the tires were on the property when it was bought and they have been attempting to rid the property of the tires. There are only a few left which he is trying to get rid of He said he was not running a junkyard as he is trying to get rid of the tires.

Wendy Walker said that Mr. Daicy is grandfathered according to 9.7.B of the Zoning Ordinance as the junkyard pre-dates the ordinance. Therefore, there is nothing that has to be done by the Planning Board.

The next order of business was the current state of proposed access road at Webster Mill Place.

Wendy Walker said there was a real old logging trail and the Board needs to determine whether or not it is a road.

A letter was submitted by Robert Woodman (copy attached). He states that the logging trail was never a street and has never been used as a street. It was used to haul logs and then for all intents abandoned years ago.


Planning Board Minutes
November 16, 2000 Meeting
Page 2

Donna Dulude read her letter of objection to the Board (copy attached). She also asked if a decision was made, could it be reversed at a later date? Wendy Walker said it could be.

There was a discussion of the logging trail. Stanley Blake said they had to haul gravel so they could get the logs out.

Mr. Blake stated that he has used it in 1996 and logged it in 1999. The road has been used.

Richard Jarrett said the Board might want to look at the definition of road. He said Jim Haddow, Town Attorney, wanted the Board to look at the verbage. You could have a road and a right-of-way.

Another requirement for this to be considered a road is that there is an established use on the tote road.

Wendy Walker said she didn't see anything in the ordinance that will clarify the tote road as a road.

Kenneth Jack said the right-of-way is a utility easement It doesn't state where they will put the utility, it could be in the middle of the road.

Diane Hubbard said there is no definition in the ordinance of a right-of-way only an easement.

Donna Dulude stated that they, she and Mr. Boston, have contacted an attorney for an opinion on the road. Wendy Walker requested that a copy of the attorney's opinion be provided to the Board.

Questions raised were: Is it a pre-existing, road; Is it an active entrance; Do they need a DOT curb cut.

Lloyd Boston said that he used the road maybe once a week. Donna Dulude said that she does not use it because it is not safe as the cars on Route 25 swerve out and around vehicles which may cause an accident.

Stanley Blake said that the Board parked there when they went on the site walk.

Diane Hubbard said it is not a road, just an entrance. It has to be compliant with the Ordinance. A Finding of Fact shall be that the access is pre-existing


Planning Board Minutes
November 16, 2000 Meeting
Page 3

The only question which remained to Wendy Walker is whether the tote road is an established use.

The next order of business was the Zoning Ordinance Modifications. The Board made revisions to the modifications dated October 26, 2000 (copy attached).

The Public Hearing on the proposed Zoning Modifications will be held on December 28, 2000.

Kreg Rose made the following motion:

MOTION: To adjourn the November 16, 2000 meeting of the Planning Board.

The motion was seconded by Harold Jordan and carried.

The meeting adjourned at 9:45 P.M.


Robert Woodman letter

Ms. Wendy Walker, Chair
Limington Planning Board
Limington Town Hall
Limington, ME 04049

11/15/00

Dear Ms. Walker:

At the Planning board meeting of Nov. 9th, 2000, a discussion took place regarding the muddy, slash strewn logging trail located at the Northeast comer of the Blake Property which, if approved, would be used to enter and exit the low Income Housing Project.

The question was, is the trail a road, a street or is it just an abandoned logging trail. I do not know what makes a logging trail a road or a street, but I presume that usage has a bearing on it. It would seem logical that enough traffic would have to flow on the trail to make well defined tire ruts and prevent flora from growing, sort of Re my gravel driveway.

This is not the case with the trail in question. hi the year and a half that I have abutted the property there has been little, if any, activity beyond the mud puddle in the first hundred feet of the trail. You could conceivably call that section a driveway but in no way claim it is a road. The slash that the loggers left behind on the trail years ago makes it difficult to walk and the brambles growing in the trail indicate that there has been extremely little use over the years.

I would recommend that before a decision is made that the board or its agent walk the trail so that a survey of the trail's present condition can be entered into the records.

The Logging trail never was a street, was not intended to be a street, and has never been used as a street. It was used to haul logs and then for all intents abandoned years ago.

Sincerely,
Robert Woodman
Robert Woodman


Donna Dulude letter

Ms. Wendy Walker, Chair
Limington Planning Board
Limington Town Hall
Limington, ME 04049

11/16/00

Dear Ms. Walker:

I object to the fact that the Webster Mill developers and their lawyer has forced you, the board, to recuse Ron Perkins for the remainder of the meetings pertaining to the Webster Mill Project. I find the developers to be completely one sided. It was OK for them to secretly solicit the former Chairman of the Planning board (and others) to get his pre-approval before they even came the this board to present an application.

The developers have express discrimination on the part of the town. They need to look only at themselves to see that the actions they have brought here to our town from the beginning were tainted and discriminatory towards the people of this town.

I agree with the board that we need to look at every situation pertaining to the Webster Mill project and slowly but surely find all facts needed to make important decisions about this proposed project.

I ask the Board to please follow the procedure set up by the town when an application is presented, My husband and I had to pay our application fee up front before any discussion was started on our application.

If the Webster Mill developers are crying discrimination, lets let them follow our town's procedures lace any other applicant here in the town of Limington and pay their application fee before any more discussion is presented?

Thank you for your time.

Donna Dulude


Standish Ordinance Requirements on Driveways and Roads

181-14     LAND USE     181-14

frontage lots are owned in common, those lots shall be considered combined for the purposes of meeting the frontage and access requirements of Article JV.24
C. Back lots. Back lots used for single-family purposes shall be permitted, subject to the following:

(1) Access.

(a)
A fifty-foot-wide access shall be provided for back lots.

(b)
Said access shall be owned either in fee or permanent easement and maintained by the back lot users.

(c)
Record of said access way shall be recorded as part of the deed of each lot user on file with the county register of deeds.

(d)
Access way entrance to a street shall conform to standards of Part 3 of this chapter, Subdivision Regulations, and Chapter 252, Streets and Sidewalks, and shall be approved by the Public Works Director.

(e)
The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance, improvements or snow removal by the Town of Standish.

(f)
Creation of a subdivision requires compliance with the provisions of Part 3 of this chapter, Subdivision Regulations.

(2) Frontage. Frontage equal to the street frontage required for the zoning district shall be required along the access way.

(3) Lot size.

(a)
Any back lot shall be equal to or greater than the minimum lot size dimensions required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an access way.

24 Editor's Note: See Ch. 252, Streets and Sidewalks. Art- M Roadway Plan.

18157     6-25-98


181-14     STANDISH CODE     181-14

(b)
The side lot nearest and generally parallel to the road to which the back lot access way leads shall be equal to the street frontage required for the zoning district.

(4) Construction of private way.

(a) [Amended 6-2-1998 by Order No. 49-98] The construction of private ways shall meet the standards specified below:

Number of Residences Served by Way
Feature123 or More
Roadway width12 feet16 feetTown subdivision
standards
Minimum subase of
heavy road gravel
12 inches15 inches Town subdivision
standards
Wearing surface of
fine gravel
2 inches 2 inches Town subdivision
standards
Maximum lengthNoneNoneTown subdivision
standards
Maximum grade10%8%Town subdivision
standards
Minimum grade0.5%0.5%Town subdivision
standards
Turnaround Hammerhead
or T
Hammerhead
or T
Town subdivision
standards
Stormwater drainageApproval of Public
Works Director
Town subdivision
standards

(b) The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance, improvements or snow removal by the Town of Standish.

(c) A lot which currently meets minimum road frontage requirements shall not count as a lot for the purpose of this section, unless the access way services such lot.

18158     6-25-98


181-14     LAND USE     181-15

(d) This section is not intended to prohibit the Appeals Board from granting a variance if the variance requirements are met.

D. Not withstanding any provisions to the contrary in this Land Use Code or in the Shoreland Zoning Ordinance 25 of the Town of Standish, a single lot of record which lacks adequate road frontage and does not have public or private motor vehicle access may be built upon and used for any use allowed in the zoning district if such lot is located on an island, has water frontage which equals or exceeds the road frontage requirement in the zoning district and is accessible by watercraft.

...

25 Editor's Note: See Ch. 237, Shoreland Zoning.

18158.1     6-25-98

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