The meeting was called to order by Wendy Walker, Chairperson, at 7:05 P.M. on Thursday, August 10, 2000 at the Limington Municipal Building.

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

Alternate member present: Ronald Perkins.

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

The meeting was videotaped by David Smith.

The first order of business was approval of the Minutes of the July 27, 2000 meeting

The following corrections to the Minutes are to be made:

A regular meeting is scheduled on August 24th at 7:00 P.M. There will be a Public Hearing on Webster Mills Place; Public Hearing on four applications for communication facilities by Mike York; Public Hearing on application by Firestorm Paintball and review of application for minor sub-division by White Brothers.

A workshop meeting is scheduled for August 29, 2000 to work on ordinance amendments.

A meeting is scheduled for September 9, 2000 from 9:00 A.M. to 2:00 P.M. Public Hearing will be on Zoning and Growth Ordinance; public hearing on Personal Wireless Services Facilities and Tower Ordinance Petition?, Public Hearing on White Brothers application for minor sub-division.

The next order of business was review of the application by Stephen Emma to operate an outdoor recreational paintball business.

Stephen Emma briefly described the project. He said the proposed project would be located on 14.5 acres on North Road on property owned by Albert Earle. There will be provision for parking forty vehicles off road. They plan to have port-a-potties. They plan to erect a pro-shop and sanitary facility. There are no wetlands on the property. There are no abutting buildings within a half mile.

After reviewing the application, it was requested that the plan include the existing buildings. parking lot, and the entrance and exit to the site.

A site walk is scheduled for August 15, 2000 at 6:00 P.M. The Public Hearing will be held at the August 24, 2000 meeting.

Wendy Walker, Chairperson will check with the Selectpersons to determine whether the public will be allowed to participate in the site walk.

The next order of business was the Rogue Paintball application for organized recreational paintball. The Board did complete a site walk. Wendy Walker read a letter from the Saco River Salmon Hatchery concerning the Whaleback Brook.

Kirt Cochran responded that there is no intention to play near the brook any closer than 200 feet.

Lorraine Libby recommended that a condition be placed on approval that no one will be any closer than 500 feet of abutters. She further asked for the condition that no play be allowed within 500 feet of the Francis Small Trust. She did not feel that there should be any games on the snowmobile trail.

Stanley Blake said that the applicant will not be on the north side of the brook. They will be 961 yards from the river and the river will be netted.

Lorraine Libby was concerned with sensitive areas and requested that signs be placed at these areas warning people that they are going into a paintball operation area. Some of these areas are used for hiking, ATV's and snowmobiles.

Kirt Cochran stated that he had no problem putting up signs.

Lorraine Libby asked if the permit could be reviewed annually. Wendy Walker responded that the ordinance did not give this authority to the Planning Board. Jason Earle felt that if the review was necessary it could involve people who are opposed to paintball courses. Kirt Cochran said that he felt the same, that these people could come in at that time to raise problems.

Diane Hubbard asked if it wasn't the C.E.O.'s responsibility to act on the review.

Nancy Bozenhart asked if this wouldn't be setting a precedence requiring a review and would it not be discriminating against paintball. The safety net is the C.E.O.

The following conditions were set forth as a result of the discussion:

1.

There shall be a two hundred (200) foot buffer at Whaleback Brook

2.

There shall be a five hundred foot buffer at the Francis Small Trust.

3.

The hours of operation shall be from 9:00 A.M. to 6:00 P.M. for playing or when the sun goes down.

4.

There shall be two (2) port-a-potties.

5.

There shall be no permanent structures.

6.

There shall be nets at speedball.

7.

There shall be game boundaries marked by police tape which is biodegradable.

8.

There shall be a permanent sign at the front and back entrance stating the days and hours of operation.

David Smith stated that he felt that the classification of the land should be changed to commercial use and taxed as a business.

Willard Boothby stated that he thought it would be a good idea to have the Town Attorney present at the meetings to address any legal issues.

Diane Hubbard made the following motion:

MOTION:

To approve the application for an organized recreational paintball course by Kirt Cochran with the conditions that: 1) There shall be a two hundred (200) foot buffer at Whaleback Brook; 2) There shall be a five (500) hundred foot buffer at the Francis Small Trust; 3) The hours of operation shall be from 9:00 A.M. to 6:00 P.M. for playing or when the sun goes down; 4) There shall be two (2) port-a-potties; 5) There shall be no permanent structures; 6) There shall be nets at speedball; 7) There shall be game boundaries marked by police tape which is biodegradable; 8) There shall be a permanent sign at the front and back entrance stating the days and hours of operation.

The motion was seconded by Chris Clark and carried unanimously.

The next order of business was continuation of Dearborn Brothers Construction application for a gravel pit.

DEP has sent a letter that states Dearborn's road is far enough away from the pond and wetland as necessary.

Kreg Rose stated that he had a meeting with the Selectmen and Dearborn Brothers Construction relative to the road. The Selectmen said they could not pave the road in the near future but if Dearborn wanted to upgrade the road they had no objection.

Kathy Maddocks, Selectperson, stated that they had advised Dearborn Brothers that if they wanted to improve or pave the road, the Selectmen had no objection. She further stated that at this point and time the Town is not going to pave. They will maintain the present road and replace the culvert.

Dr. Larson stated that he wants the road to be paved before a permit is granted so that the road will not deteriorate as in other instances.

Wendy Walker, Chairperson, said that she had called four of the abutters of other Dearborn Brother Pits, including a person not supplied to her. The feedback was all positive regarding noise, dust, traffic, landscaping and reclaiming land.

Lloyd Boston felt that the Board needed someone with more qualifications to make a decision on the health issue. He said that silica is a federal health issue.

Ron Perkins asked if there was documentation of the health hazard and further stated that the Board also has a responsibility to the applicants of the gravel pit.

Bob O'Bradovitch said that the Ordinance states that it provides protection of life and health of the residents and Comprehensive Plan states that the gravel pits are the third least desirable business. He continued that the pits do not create jobs and their taxes are minimal. The C.E.O. does not have the equipment to test the air or noise levels.

Mr. Rainey, Dearborn Brothers, stated that the Bureau of Mines and Quarries, OSHA, and DEP come into any pit at any time without notice to test.

Kreg Rose stated that he received a letter from Mark Stebbins in which he stated that Mr. Dearborn had only to file a "Notice of Intent to Comply" to establish or operate a five (5) acre gravel pit.

Mr. Dearborn said that he would have to use the existing road while he built the new road. There will be a couple of trucks going in each day. They will probably be building Millturn Road after they finish the new road. There will be no hauling from the pit until the new road is finished.

Wendy Walker asked the Board members for their comments. Diane Hubbard said she felt the new entrance and exit is beneficial. She has no problem with the road.

Kreg Rose said he didn't have a problem with the road. He would like a condition, however, that when the traffic reaches a certain point that the Millturn Road will be paved.

Stanley Blake said that the road is not going to be near the Shoreland Zoning and will be on high ground. Millturn Road has never been fixed and it floods out every Spring.

Ron Perkins said that it sounds like with the upgrading it will be good for the people. He said OSHA should handle any health issues.

Raymond Coffin stated that he felt Dearborn Brothers proved they were going to be a good neighbor and he is going to do the best he can at the site.

Joseph Romano blamed Mr. Dearborn for not answering the resident's questions. He felt that was why the paving was dropped.

Diane Hubbard said that she felt that between the restrictions imposed by the Board and other agencies that all issues would be addressed.

Chris Clark said that he understood what a business goes through just for insurance. The business has to comply with all regulations. I think they will do a good job.

Harold Jordan said he thought they have done a good job.

Freeman Abbott had no comments.

Wendy Walker said she felt the most exciting part was when Dearborn agreed to pave the Millturn Road and was disappointed at the turn of events.

Joseph Romano said that they asked all the questions and because they were not well versed in the process they lost. He said they met in good faith with Dearborn. Mr. Romano became agitated and said that if the pit does go in, that's fine but he'll still oppose it.

Bob O'Bradovitch stated that Ron Perkins was not correct because OSHA exists only to protect workers. Wendy Walker said the Board does not have the authority to address OSHA.

Dr. Larsen raised the question of dust again. Wendy Walker asked Ron Dearborn if there was any chance of getting the road paved now. He stated that he might put the road in at some point but doesn't know when and questioned when the Town could do it.

Kathy Maddocks said that the Town could not do it within the next couple of years.

Mary O'Bradovitch said why can't a condition be included stating that the road will be paved.

The application will be held over to the Monday, August 14, 2000 meeting at which time it will be voted on.

Wendy Walker said that a petition amendment of the Zoning Ordinance entitled Personal Wireless Service Facilities and Towers has been presented to the Selectmen. The Public Hearing will be scheduled for Saturday, September 9, 2000 at 9:00 A.M.

The Petition for enactment of Ordinance to be entitled "Protection of Residential Properties from Mineral Extraction Industry Amendment to the Limington Zoning Ordinance was the next issue before the Board.

Thomas J. Larsen
110 Millturn Road
Limington, Maine 04049

Wendy Walker, Chairperson
Planning Board
Town of Limington
Limington, Maine

RE: Dearborn Brothers Construction's use of Millturn Road for their proposed gravel pit operation.

Dear Ms. Walker,

Please read and carefully consider the following information while representing Limington in your dealings with Dearborn Brothers Construction regarding the use of Millturn Road as an access for their proposed gravel pit.

Zoning Ordinance. Article V11 Performance Standards. General Requirements.

Article 7.8.B. Requirements for Commercial and Industrial Establishments.
1. Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

Article 7.20.A. Traffic Impacts and Street Access Control.
Provision shall be made for vehicular access to the development and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street .... access and circulation shall also conform to the following standards and the design criteria below.
1. The vehicular access to the development shall be arranged to avoid traffic use of local residential streets.

Comprehensive Plan 10.A. pages 81 & 82: It is legitimate to make new development that is responsible for increased traffic pay for it. Either by requiring specific system improvements (paving/ traffic management) or by impact fees. Also, effective would be to reduce the overall traffic on unimproved roads by reducing the allowable housing, density and not allowing commercial use.

If, despite the above ordinances that direct the Town to keep commercial/industrial traffic away from primarily residential streets, the Town Officials feel that Millturn Road is an acceptable location for this proposed plan. Then Millturn Road must be widened adequately at the 117 end, designed to not flood, be paved, have sidewalks for bike riders and pedestrians, and 'no engine brakes" signs posted. Please learn from the Sand Pond Road experience and give out no permit until after all of the road improvements are completed.

Options:	1)	Grant permit after applicant makes above improvements and paving is completed by the Town according to the Town's paving schedule and budget, or
	2)	Grant permit after town makes all above improvements to the road and applicant pays for it, or
	3)	Grant permit after applicant makes all above improvements.

Comprehensive Plan 4.D. page 64: ... to minimize impacts of commercial development (traffic/access problems, noise, visual pollution, neighbors, air pollution ( dust), and public service demands) the plan must pass the 'good versus harm' test. The plan must yield more good to the Town than harm , more benefit than cost.... Basicly force the applicant to be a good neighbor.

In other words, the applicant's plan must benefit the Town (increase tax revenue, create new jobs, improve quality of life) not cost the Town (cost of paving roads, lowering property values/tax revenue, causing nuisances of operation ). If the applicant's plan does not pass this test it is not consistent with the Comprehensive Plan of the Town. (Ordinance 9.7.G.) Hopefully you will agree that it would be wise to protect the largest source of revenue that the Town has, the homeowner and business person who has improved their land with a permanent home or building and pays their taxes.

I hope you have a good meeting. Thank you for your consideration. I pray for God's blessings on the Dearborn Company, the Town Officials, and my neighborhood.

Respectfully
Thomas J. Larsen
Thomas J. Larsen