The meeting was called to order by Ralph Libby, III, Chairperson, at 7:00 P.M. on Thursday, January 27, 2000 at the Limington Municipal Building.

Regular members present: Ralph Libby, III, Chairperson; Chris Clark; Diane Hubbard, Richard Jarrett; Harold Jordan; Wendy Walker.

Regular members absent: Rich Wasina, Vice-Chairperson.

Alternate members present: Peter B. Stebbins.

Alternate members absent: Robert Cyr.

Also attending the meeting: Freeman Abbott, CEO.

The first order of business was the approval of Minutes of the January 13, 2000 meeting

Wendy Walker made the following motion:

MOTION:

To approve the Minutes of the January 13, 2000 meeting of the Planning Board.

The motion was seconded by Harold Jordan and carried unanimously.

Ralph Libby, III, made the following motion:

MOTION:

To re-open the Public Hearing on the application by Michael Cowan for a gravel pit.

The motion was seconded by Diane Hubbard and carried unanimously.

Joe MacWilliams questioned the size of the trucks and how many times a day the trucks would be entering and exiting the pit. Ralph Libby, III, answered that there would be only two trucks and no outside companies would be using the pit. The trucks would be tri-axle.

Ralph Libby, III, read the letter to Mr. Cowan by the Selectmen of the Town giving egress to Route 11 via Taylor Loop Road. He stated that if the Church closes off the right of way on their property then the Town would have to open the closed end of the Taylor Loop Road.

Michael York said he has legal access across the Church lot off Route 11 to Cutler Ridge Road. It is recorded in his deed. Ralph Libby, III, explained briefly the history of the access across the Church lot.

Michael York asked how many acres for the pit. There are two pits side by side owned by two separate persons. How many acres do you need to open a pit. Ralph Libby, III, answered five (5) acres and after five (5) you must start reclaiming. He asked what the buffer zone was between the two pits. Ralph Libby, III answered that there was actually three hundred (300) feet because there is one hundred fifty (150) feet for each pit. The minimum buffer is one hundred fifty (150) feet. Mr. York was concerned about the environmental impact with the dust, etc.

Mr. York questioned the transport of fuel. Ralph Libby, III, stated that Mr. Cowan did not mention having fuel at the pit. He will re-fuel from the transfer on the back of a truck. As long as Mr. Cowan is not having a tank on site. There are standards that must be met and Mr. Cowan would have to abide by them. This would require a concrete pad at the fueling area as well as other requirements.

Mr. York questioned who would be responsible for maintaining Cutler Ridge Road. He stated that at the present time he is maintaining the road. Diane Hubbard said that there are standards that must be met and the Board has not even begun the review yet. Ralph Libby, III said that, basically, the only change that would occur on the road would involve two more trucks. The pit is far enough from Mr. York's house so that he will not hear the operation of the pit.

Richard Jarrett asked Mr. Cowan if he had considered entering the pit from South Road to Route 25. Peter Stebbins said that he did not think that route would be allowed because of the blind comer where South Road enters Route 25.

Mr. York said he was not opposed to the pit but had concerns with the hydrogeological survey if required.

The question was asked about the number of hours of operation. Diane Hubbard stated that the hours would be 6:00 A.M. to 6:00 P.M. with no Sunday operations and with an hour of warm-up. Freeman Abbott, CEO will be the person to investigate any complaints.

Ralph Libby, III, asked Mr. Cowan if he had spoken to the Selectmen about the Bond for $18,750. and he said he had. The Selectmen said he didn't need the Bond until he received his permit. Ralph Libby, III, said that a crusher would definitely not be permitted. The use of a crusher would make the operation an industry. It is not mining but an industrial operation.

Wendy Walker made the following motion:

MOTION:

To close the Public Hearing on the application of Michael Cowan for a gravel pit permit

Further discussion included the test pit results. Mr. Cowan had copies to distribute.

Richard Jarrett said that the only place in the Ordinance that hydrogeological studies are required is in a sub-division or if you are in the Resource Protection District.

Ralph Libby, III, said that the Planning Board could require a hydrogeological study to determine the impact of the proposed activity on the groundwater movement and quality within the general area. Generally the study is done if the property is located within wetlands or close. This is not an issue with the property.

The impact on groundwater was questioned. Ralph Libby, III, said that there should not be any impact on groundwater because there will be no pumping station there. There will be no septic system there. There will not be a big environmental impact from the operation.

The only other issue was the dust from the trucks traveling on the road. Richard Jarrett said that this can be a requirement that if there is a dust problem that it will be taken care of

Richard Jarrett suggested that the Public Hearing be left open until the issue was finished.

The submission requirements were reviewed and found to be complete.

The Performance Standards were next reviewed (Section 8.8.C.). Number 6
"Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer" was not applicable.

Number 8 "Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Maine Department of Marine Resources, the Department of Environmental Protection, and/or the Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board" was not applicable.

Number 9 - Time of operation was revised to "Hours of operation shall be warm up at 6:00 A.M. and operation from 7:00 A.M. to 7:00 P.M."

Number 11 - Finding of facts will include the statement that Mr. Cowan shall work in conjunction with the existing pit owners to control the dust prior to the tar portion of the Cutler Ridge Road.

Number 12 - The time frame for reclamation rehabilitation shall be ten (10) years which will be completed within ten (10) years.

Number 14 - The Bond shall be in the amount of $18,750. This amount was calculated as follows:

            $1,500. per acre x 10 acres = $15,000.
Section 8.8.C. 14 requires that that amount be multiplied by 125%
            $15,000. x 125% = $18,750.

The Bond has to be given to the Selectmen after he receives his permit but before any operation.

Freeman Abbott, CEO will not issue the permit until the Town accepts the Bond and the Planning Board approval.

Richard Jarrett said that a definition of industrial operation must be determined. It is the processing of goods. Crushing is the processing of goods. Industrial operations are not allowed in rural area according to Land Use Table, Section 19B. It is only allowed in the commercial area.

Finding of Fact shall be "No operation shall begin without a permit issued by the CEO."

Finding of Fact shall read "The Permit must follow the Performance Standards defined in 8.8.C.

A discussion of the requirement of a monitoring well was held. Richard Jarrett said that he did not realize that a professional had not done the test and with the input from the public, who were concerned about the groundwater, he felt that a monitoring well was necessary. This would be required.

The motion to close the Public Hearing was seconded by Harold Jordan and carried unanimously.

Wendy Walker made the following motion:

MOTION:

To accept the application of Michael Cowan for a gravel pit as complete.

The motion was seconded by Chris Clark and carried unanimously.

Harold Jordan made the following motion:

MOTION:

To grant approval of the permit for gravel pit by Michael Cowan with the Conditions and Finding of Facts.

The motion was seconded by Wendy Walker and carried unanimously.

Old Business was called.

Diane Hubbard brought up the issue of having every meeting set as a Public Hearing to be advertised in the paper. The decision was made to use this method when there were items on the agenda.

There was no new business.

Harold Jordan made the following motion:

MOTION:

To adjourn the January 27,2000 meeting of the Planning Board.

Diane Hubbard seconded the motion and the motion carried unanimously.

The meeting adjourned at 9:00 P.M.