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These minutes were approved at the July 13, 2000 Planning Board meeting with no changes.

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TOWN OF LIMINGTON

PLANNING BOARD MINUTES

The meeting was called to order by Wendy Walker, Chairperson at 7:00 P.M. on Thursday, June 22, 2000 at the Limington Municipal Building.

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

Alternate members present: Kreg Rose.

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

The meeting was videotaped by David Smith.

The first order of business was the approval of the minutes of the June 8, 2000 meeting of the Planning Board.

The following motion was made by Diane Hubbard:

MOTION:

To approve the Minutes of the June 8, 2000 meeting of the Planning Board.

The motion was seconded by Stanley Blake, Jr. and carried unanimously.

The application for a single family residence in the Resource Conservation District by Michael Hanson was next on the agenda.

Lorraine Libby asked why this was not advertised in the newspaper. Wendy Walker explained that the Public Hearing on this application was held in October, 1999. Mr. Hanson was referred to the Board of Appeals to request waiver on the road. Mr. Hanson also requested a variance on the slopes to 15%. He was also told that he needed the geological report which he received the end of May. He then provided the Board with a copy of the letter from the Board of Appeals which granted his waivers and copies of the geological report.

A discussion of the slopes and the legality of the Board of Appeals waiver of the slopes to 15% followed. The ordinance specifies 10% slopes. The Planning Board cannot overrule a decision made by the Board of Appeals. The only thing the Planning Board can do is to add a condition which includes the 10% slope as per the ordinance.

There was a discussion of the necessity of holding another Public Hearing on the application but the Chairperson, Wendy Walker, determined that it was not necessary.

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Planning Board Minutes
June 22, 2000 Meeting
Page 2

Chris Clark made the following motion:

MOTION:

To accept the application of Michael Hanson for single family residence in the Resource Conservation District.

Diane Hubbard seconded the motion and it carried unanimously.

Harold Jordan made the following motion:

MOTION:

To approve the application of Michael Hanson for single family residence in the Resource Conservation District with the condition that the slopes cannot exceed 10%.

The motion was seconded by Kreg Rose. Stanley Blake, Jr. abstained from the vote as he is related. The remaining members voted to approve.

The next order of business was the Public Hearing on the application by Michael York to construct a telecommunication facility and cell tower.

Richard Jarrett stated that he had prepared comments and provided the Board members with a copy of them and a newspaper article. His concerns are that the tower not be a lighted tower and the negative impact on wildlife and wildlife habitat.

Lorraine Libby stated that this is the first tower and because it is there should be a lot of thought in any decision. The first application for a tower will set a precedence.

Richard Jarrett said that he felt that there should be three conditions placed on the application. The first, guarantee compliance with FCC Guidelines/Regulations. Two, There be no lights on the tower. Three, A copy of the amended deed to the Burning Rose Sub-division be provided to the Board.

Stanley Blake, Jr. made the following motion:

MOTION:

To approve the application of Michael York to construct a telecommunication facility and cell tower.

The motion was seconded by Chris Clark. Raymond Coffin voted negative. The remaining members voted to approve the motion.

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Planning Board Minutes
June 22, Meeting
Page 3

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

Wendy Walker, Chairperson, said that no crusher shall be allowed. There could be only a screening and extraction operation.

When questioned about the monitoring wells, Ron Dearborn stated that there would be one monitoring well per five acres per regulations

Mr. Dearborn stated that he was going to fix the road but wanted assurance that he could use it. Wendy Walker asked that Mr. Dearborn put this in writing. He will also put trees in as a buffer.

Joseph Romano, an abutter, said that he got together with his neighbors and discussed their concerns about the gravel pit. Ron Dearborn met with all of the neighbors to discuss any concerns they had. Mr. Romano said they found Mr. Dearborn to be a man of integrity and wants to make the ordinance fair and equitable for all. Mr. Romano said that he was in favor of the pit as long as Mr. Dearborn abided by his word and the ordinance.

Bruce Haley stated that the company is very fair and they are good workers and they keep the pits very neat.

Dr. Thomas Larsen, who lives across the street from the proposed pit, wants to know, before the land is stripped, the following: 1) Are the animals and creatures safe, 2) Is there a Bond put up and who will reclaim the land if the company doesn't; 3) Is concerned about the safety of all of the families in the area; 4) the noise and who evaluates the Roads.

Diane Hubbard stated that a Bond or Passbook is required by the pit owner(s). Wendy Walker stated that the Road Inspector must inspect the road.

Debbie Larsen stated that her main concern was the safety factor. She said that she feels like a prisoner in her yard. She doesn't feel safe going out with her children.

Dr. Larsen recommended that where the Mill Turn Road and Route 117 meet the road be widened. Martha Smith asked if there had been any idea given to sidewalks. Ron Dearborn said that there are very few sidewalks in the town and the road can only be widened so far because of the wetlands.

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Planning Board Minutes
June 22, 2000 Meeting
Page 4

Mill Turn Road is a master road which goes to Limington, Buxton, etc. is it going to be anticipated that the trucks will be using other roads in the area. Ron Dearborn answered that the trucks cannot go to the left because of the bridge. This should be considered when including conditions.

David Smith questioned the roads ability to stand the trucks. Ron Dearborn stated that if the roads are constructed properly they will be able to withstand the trucks.

Martha Smith said that the Board should give special attention to the Larsen's and their special need children when making their decision.

Kreg Rose asked how long since this pit was operated. Bruce Haley said about ten years.

Mrs. Larsen asked if there was any special benefits to the Town having the pit here?

Diane Hubbard said companies have to go where the gravel is. The tax money is beneficial to the people in the Town.

David Smith stated that this is a big contractor who pays taxes but doesn't buy fuel, goods, etc. in the Town.

Wendy Walker stated that there are three concerns that have been raised. The concerns are: 1) Access to Mill Turn Road; 2) Wildlife (Mark Stebbins, Maine Inland Fisheries and Wildlife didn't feel there were any endangered species and this was not an issue: 3) Pedestrian safety issues.

Chris Clark said he would contact the Maine Inland Fisheries and Wildlife and request that a Game Biologist evaluate the property.

A site walk is schedule for June 27, 2000 at 6:30 P.M. Calvin Lewis, Road Commissioner, will be asked to attend.

The Public Hearing will be continued to July 13, 2000.

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Planning Board Minutes
June 22, 2000 Meeting
Page 5

Chris Clark made the following motion:

MOTION:

To adjourn the June 22, 2000 meeting of the Planning Board.

The motion was seconded by Diane Hubbard and carried unanimously.

The meeting adjourned at 9:45 P.M.

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Submission by Richard Jarrett:

June 22, 2000

Suggested Findings of Fact:

(1) The Board finds that based upon evidence submitted that a lighted tower may pose a danger to wildlife, specifically migrating birds. (reference zoning section 9.7.G. 1.a)
The Board further finds that it must place conditions upon the application to satisfy this section of the zoning ordinance.

(2) The Board finds that a lighted tower will produce more glare and adverse visual impact than an unlighted tower (reference zoning section 9.7.G. 1.k)
The Board further finds that it must place conditions upon the application to satisfy this section of the zoning ordinance.

(3) The Board finds that electronic emissions from the tower must stay within FCC mandated guidelines to prevent unsafe or unhealthful conditions (reference zoning section 9.7.G. 1.m)
The Board further finds that it must place conditions upon the application to satisfy this section of the zoning ordinance.

Suggested Conditions of Approval:

(1) To reduce the negative impact upon wildlife and wildlife habitat, to reduce glare, and to reduce adverse visual impact, the Board requires as a condition of approval that the tower shall not be lighted. Therefore the height of the tower must be limited so that no lighting will be required by the FAA or other regulatory bodies.

(2) To prevent unsafe or unhealthful conditions, the Board requires as a condition of approval that emissions from the tower shall remain within FCC guidelines and that the following monitoring schedule shall be adopted:

(a) There shall be routine annual field measurements of radiation, utilizing the Cobbs Protocol or other Monitoring Protocol adopted by the Municipal Officers. This Monitoring shall measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any). A report of the Monitoring results shall be prepared by an Independent Consultant selected by the Town and submitted to the CEO. All costs for such monitoring shall be borne by the owner of the facility.

(b) Any major modifications of the facility such as the addition of additional carriers, or the activation of any additional permitted channels, shall require new monitoring.

(c) Should the monitoring reveal that the site exceeds the FCC 96-326 standard, then the owner of the facility must submit to the CEO a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard within 10 business days of the notification of non-compliance. The plan shall reduce emission to the standard within 15 days of the initial notification of non-compliance. Failure to accomplish this reduction within 15 days shall result in the revocation of the conditional use permit.

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