EDGECOMB PLANNING BOARD

MINUTES, OCTOBER 1, 2009

1. Call to Order

David Boucher called the meeting to order at 6:32 p.m.

2. Roll Call

Members present were David Boucher, Jack French, Barry Hathorne, Pat Jeremiah and Jarryl Larson and alternates David Nutt and Amber Tonry.

3. Approval of minutes of September 3, 2009

As a clarification of a previous clarification, David Boucher said that the dock in question was the principal structure because no other structures were on the property. Jarryl Larson moved to approve the minutes with the clarification noted. Vote 5-0-0.

4. Public Comment - None

5. Boothbay Region Land Trust - Site plan review application for parking lot on McKay Road

Bob Leone, Schmid Preserve, and Nick Ullo, Boothbay Region Land Trust Stewardship Manager, presented an application for a parking lot on the Church family property on McKay Road, owned by BRLT, which is scheduled to be traded for the Lallis property, owned by the town of Edgecomb, as soon as the title to that property is clear.

Barry Hathorne recommended that the driveway to the property be moved lower down the slope in order to be more visible. Bob Leone said the MDOT had given verbal approval of the location shown on the plan; the sight distance was adequate with the removal of some trees. Bob Leone said trees would be cut before the site walk that was scheduled for Tuesday, October 13 at 4:30 p.m.

Jack French asked for a letter from the president or executive director of BRLT authorizing Nick Ullo to represent the land trust before the board. Ullo was also asked to mark the parking spaces on the plan, not on the gravel. A kiosk is planned, although that will not require a permit because of its small size.

The proposed parking lot is 40’ x 70’. The applicant had requested that some requirements of the ordinance be waived, including the fee. The chairman said the board did not have the authority to waive the fee and the request for other waivers would be considered after the site walk. Nick Ullo said the land trust was in danger of losing state funds if the application was not approved soon. Barry Hathorne said that the sight line appeared to be the only question the board had. David Nutt recommended that the sight line be measured.

6. Discussion with Selectmen regarding road ordinance

Jarryl Larson distributed copies of the Boothbay Harbor Road Provisions, and suggested that if a similar ordinance were adopted, it would help the board in its response to the State on the comprehensive plan addressing such topics as protecting culverts and rivers. The ordinance would be administered by the planning board and enforced by the road commissioner. Selectman Stuart Smith recommended an ordinance administered by the road commissioner, with backup by the CEO, to oversee curb cuts. He said the proposed ordinance did not cover weight limits, which need to be lowered. He said new subdivision roads were governed by the subdivision ordinance, but the road ordinance would oversee road openings on public ways and insure that repaving and culverts were done correctly.

Jarryl Larson said that the road ordinance should cover protection of natural resources from runoff. Smith said the ordinance would cover municipal rights-of-way; subdivision roads would be the purview of the planning board.

Barry Hathorne said the board should address an inspection fee, which would go to the road commissioner. He read sections of the Woolwich Road Ordinance, which outlines the responsibilities of the parties performing the road work. Smith said a road ordinance would give authority to the road commissioner to permit and oversee road openings and culverts and would establish weight limits. Jarryl Larson will amend the proposed ordinance.

7. Consideration of final draft of Change of Use application

The draft was not available.

8. Other Business

The board discussed informally with Marilee Harris her plans for a private school for pre-school and 7th and 8th grades in the former general store at 416 U. S. Route 1. The building is in the Edgecomb Thoroughfare District, in which non-residential educational uses are allowed. A change of use would be required. The lot is 1.92 acres with a 208-foot frontage. Harris plans a maximum of 12 students in the preschool at any one time and 12 students in 7th and 8th grades. Parking, bathrooms, septic system, and an alternate location at the former Anderson nursery were discussed. If the Anderson property were used, Harris asked whether a construction company could occupy part of the property and use the second entrance. Harris asked for assurance the use was acceptable before purchasing a building. David Boucher said he saw no reason in the ordinance that would preclude plans for the school, although traffic and parking would be considered in the approval, and Harris was advised to consult with the CEO regarding an adequate septic system.

Jarryl Larson distributed copies of a letter from the State Planning Office informing the chairman of the task force that the comp plan submitted to the state was not complete and the task force had 90 days in which to address the concerns in the letter. She also gave out copies of an MMA handout addressing the authority of planning boards and information from the New England American Planning Association legal workshop. She pointed out that there were some things that the board is not supposed to do but has been doing. For example, not having alternates sit at the table and participate in discussions unless they are appointed to act in a board member’s absence, and that site visits should be done as a group not individually. She also said that the board could reconsider a motion if authorized by the planning board ordinance; the current ordinance does not have a reconsideration clause.

David Boucher said that alternate members should be able to sit in and participate in discussions so that they would be prepared to vote if asked in the future to complete a quorum.

9. Adjourn

Barry Hathorne moved to adjourn at 8:45 p.m. Vote 5-0-0.