TOWN OF STETSON

 Planning Board Meeting Minutes

 

Meeting Date:  February 9, 2006

 

 

Members Present                                      Members Absent                                   Guests           

 

Betty Bridges, Chair                                     Charles Merrill                              Charles McKay                                                                                     

Cliff Hatfield, Vice Chair                                                                                      Darrell Miles

Terry Moore, Secretary                                                                                       Dave Buchstaber

Vonnie White                                                                                                      Don Carroll

Charles Merrill, Associate                                                                                    Marty Hipsky

Kirsten Hepler                                                                                                     George Hockstadter

______________________________________________________________________________

 

Ms. Bridges called the meeting to order at 7:00 p.m.

 

Old Business

 

Ms. Bridges asked the Board members if they approved the December 8, 2005 and January 10, 2006 meeting minutes as well as the Special Meeting minutes dated January 10, 2006.  Mr. Hatfield made a motion to accept the minutes and Ms. White seconded the motion.  All were in favor to approve the minutes as written.

 

New Business

 

Item 1

 

Ms. Bridges introduced Mr. Charles McKay who submitted a Pre-application Sketch Plan for a subdivision of 5 lots on the Burleigh Road. 

 

Mr. McKay asked why he had to begin the subdivision process over since he had already submitted an application before.  Ms. Bridges commented that state law required resubmission if two or more years pass since the previous submission.

 

Mr. McKay and Mr. Buchstaber also stated that one lot of the six submitted in the previous application was already sold. 

 

Mr. McKay also noted that the site survey was done during the last submission.  He and Mr. Miles, his surveyor, stated he did not remember any problems from the first site survey.  Ms. Bridges said that there are new Board members that need to participate in a new survey.  Additionally, Ms. Hepler stated that there are well water requirements that must be met. 

 

Mr. McKay said that there was one well already drilled on the abutting property.  Ms. Hepler noted that a letter from a certified well driller or hydrogeologist was required by statute. 

 

Mr. Hockstadter commented that in the State of Maine there is a lot of arsenic in well water.  He said that if well water tested positive for high levels of arsenic, then it should not be drank but it would be okay to bathe in it.

 

Ms. Bridges asked if Mr. McKay changed his plans for the large back lot.  Mr. McKay said “No,” that he still might build a camp on that lot and that there would be no problem with putting in a road as he was maintaining a right-of-way in the subdivision plan. 

 

Ms. Hepler then commented that there were town building code requirements for a public way.

 

Ms. Bridges also noted that the building code required 200 feet frontage.

 

Ms. Hepler also noted that the Town of Stetson does not maintain the road in front of the last two lots of the subdivision, but the rest of Burleigh Road is.  She stated that the new owners of these two lots needed to be informed of this.

 

Ms. Bridges discussed the fee payment.  She stated Mr. McKay would need to pay for all six lots, as five years have not passed since the first subdivision application.  Mr. McKay disagreed as he already sold the lot and he did not have a subdivision at that time.  Mr. Miles reinforced that the buyers of the first lot did not pay a fee either.  Ms. Bridges then reinforced that an additional $250.00 fee was due.  Mr. McKay paid $1750 for five lots at this meeting.  Mr. Carroll took the check.  Mr. Carroll assured Mr. McKay he would receive a receipt by mail. 

 

Ms. Bridges scheduled a hearing for the next Board meeting on March 9, 2006 at 7:00 p.m.  She also told Mr. McKay that the Board secretary would need the name and addresses of abutters to send out the required notifications. 

 

Ms. Bridges asked if there were any other concerns.  There were none. 

 

Ms. Bridges has the original information for the town files.

 

A site visit was scheduled for February 18, 2006 at 9:00 a.m. at the McKay property on Burleigh Road.

 

Item 2

 

Ms. Bridges handed out copies of Mr. House’s Shoreland Zoning Application.  The proposed construction is located at 43 Ralph’s Lane.  Ms. Moore noted that some of the site specifications were missing.  Ms. Bridges stated the application just arrived this week to the office and the CEO did not have a chance to review it.  Ms. White made a motion to table the application until the CEO reviewed it.  Ms. Hepler seconded the motion.  The application will be reviewed at the March 9, 2006 meeting if complete.

 

Item 3

 

Ms. Bridges stated the Board needs to discuss their 2006 budget.  She asked Mr. Carroll if most of the 2005 dues were used to pay PVCOG dues.  Mr. Carroll stated that the PVCOG dues were  paid and that the town was keeping its membership while the Land Use Ordinance was developed. 

 

Ms. Bridges stated the Board would need monies for Maine Municipal Planning Board manuals for new members, mailings, and training workshops.  It came to about $500.00 last year.

 

Ms. Hepler made a motion for a $500.00 2006 budget.  Ms. White seconded the motion.  All Board members were in favor.

 

Item 4

 

Ms. Hepler stated she was interested in attending a University of Maine Water Conference on March 22, 2006.  The topics included water extraction.  It was noted that the Palmyra Board recently had to deal with a related topic, but was unsure what to do.  The conference was $38.00.  Mr. Carroll and Mr. Hipsky approved Ms. Hepler’s attendance to the conference. 

 

Item 5

 

Ms. Bridges shared the upcoming Maine Municipal Association Planning Board Workshop scheduled for April 11, 2006, at 5:30-8:30 p.m.  It is $35.00 per person.  All Board members agreed they should attend to ensure they remain current on relevant issues.  Ms. Bridges noted that she was asking Mr. Merrill if he wished to attend.  The last time members attended was nearly a year and half ago. 

 

Item 6

 

Mr. Hipsky reviewed the changes to the draft Land Use Ordinance.  In summary, he noted that there were a total of nine changes, but there was clarification of a lot of issues.  He stated there was a lot of public involvement.

 

Complete changes are incorporated in 2005 Land Use Ordinance meeting minutes available in the Town Office.  All changes will also be typed on a separate document for the townspeople to review prior to the hearing.

 

-   Section II.b. was challenged by Ms. Delores Butler.  It was more clearly worded to eliminate confusion and conflict regarding the conversion on nonconforming structures.

 

-  Section II.C2.b.2 regarding reconstruction of nonconforming structures was raised by Mr. Bruce Brown and thereafter, reworded.

 

-  Section III.b.1.a. underwent significant change, as the previously written statement did not permit any mobile homes in the Village Residential District.  There was a lot of opposition to this, so the new wording permits mobile homes, but not mobile home parks.

 

-  Section IV.F.3.b. now only requires CEO approval and not the Planning Board for siting a mobile home in the Village Residential District.

 

-  Section IV, F.6.b. was discussed over and over.  Mr. Carroll recommended discarding the entry regarding bulk oil and fuel tank storage, and it was.

 

-  Section V.14.b.2 was raised by Ms. Connie Merrill.  The number of home occupation employees was changed from one to three.

 

-  Section V.14.c.2 was corrected to reflect three home occupation employees.

 

-  Section V.16.a.-k.  The incorrect statute regarding junkyards was deleted and the new state requirement for a six-foot screen was added.

 

-  Section V.B. was significantly changed.  The new lot dimensional requirements are:

                        --  Frontage:  250 feet (was 300 feet)

                        --  Side Setback:  15 feet (was 25 feet)

                        -- Rear Setback:  15 feet (was 25 feet)

 

Mr. Hockstadter asked about current lots that do not meet the new dimensional requirements.  Mr. Hipsky stated it goes back to the nonconformance guidance in which it states that “grandfather” rights are only lost if the lot is sold to someone else.

 

Mr. Hipsky also referred to Section II.D. Non-conforming Lots of Record, which he noted is very permissive regarding building on existing non-conforming lots that were deeded and recorded at the Registry of Deeds as long as all other provisions of the ordinance are met.

 

Mr. Hipsky then stated it is important that the town draft an adult entertainment ordinance. He obtained a sample from the Town of Green.

 

Mr. Carroll commented that the Attorney General recommended that no town write a wind power ordinance at this time.

 

Mr. Hipsky noted that he would review the ordinance one more time and ensure it is available in early March 2006 for townspeople review.  He is planning an April 2006 hearing.  The Selectmen will lead the hearing with the Planning Board present.  The ordinance will be presented to the townspeople as a warrant article and there will be a secret ballot vote.  

 

Mr. Carroll ensured the draft ordinance would be advertised in the town newsletter.

 

Ms. Moore stated it would be most beneficial if a master list of all the changes from all Land Use Ordinance reviews could be consolidated for townspeople review.  Mr. Hipsky said he had all the changes and would decide on the final format.

 

Item 7

 

Mr. Carroll asked if he could combine a Shoreland Zoning Ordinance variance request for Mr. Flewelling at the Land Use Ordinance hearing.  The request is to take land out of Resource Protection classification and into Limited Residential classification.

 

Mr. Hipsky concurred with combining the request with the scheduled hearing.  Mr. Carroll noted that the final approval for the reclassification of property was the State of Maine. 

Mr. Carroll then commented that he had a sample communication tower ordinance.

 

 

Item 8

 

Ms. Moore requested the Board vote to accept the November 3, 2005 Land Use Ordinance meeting minutes.  Ms. White made a motion to accept.  Ms. Hepler seconded the motion.  All were in favor of accepting the minutes as written. 

 

Item 9

 

Ms. Moore asked if the State of Maine passed changes to the Shoreland Zoning Ordinance yet.  Mr. Carroll stated the changes were not final yet.

 

Ms. White made a motion to adjourn the meeting at 8:25 p.m.  Ms. Hepler seconded it.  All Board members were in favor.

 

The next meetings are:

 

March 9, 2006   7:00 p.m.         Planning Board Meeting at Stetson Library

                                                         Conference Room

                                                    

April 2006  To Be Determined   Land Use Ordinance Hearing

 

Other important dates:

 

            March 1, 2006                            Budget sheets due to Town from department heads

 

            March 28, 2006                         Budget Hearing

 

May 19, 2006                             Municipal Elections

 

May 20, 2006                             Annual Town Meeting (Vote on Land Use Ordinance)

 

 

Please notify Ms. Bridges in advance if you cannot attend a meeting.

 

 

Respectfully submitted,

 

 

 

Terry F. Moore

Secretary