Vassalboro Planning Board
Minutes of February 2, 2010

Planning Board: Virginia Bracket, George Gould, Douglas Phillips, Sally Butler,
CEO: Paul Mitnik,
Public: None

The meeting opened at 7:03 PM.

Review of December 1 Minutes: The December 1 Minutes were approved (Gould / Butler 4-0).

Paul indicated that he wanted to discuss a couple of topics before discussing the Shoreland Zoning Ordinance. A potential project on a Webber Pond Rd property would involve installing a cell tower with a height of 190 feet. A 100 X 100 foot area would be cleared. Paul indicated that he thought that the Board would want to hear this under the Town’s Site Review Ordinance but asked if they want to hear it as a minor or major project. Doug indicated that they have heard cell towers before and the size of the clearing exceeds the 5000 square foot threshold making it a major project. A pre-application hearing would have to be held for a major project which is informative in nature and the Board makes no binding decision.

Next the topic of Donald Crabtree was discussed. Paul indicated that Donald wants to bury the debris from the fire that occurred at Grand View Coffee Shop on site now rather than truck it off site to an approved landfill. His Site Review Permit approved on November 10, 2009 required that the removal of the debris begin this month at a rate of 40 cubic yards per month and be completed by one year or November of 2010. Paul indicated that he spoke with Michael Parker of DEP and the Solid Waste Rules exempt permitting requirements for fire debris so long as no asbestos is present. Mr. Parker confirmed that testing had been done and no asbestos is present in the fire debris. The debris must be covered with a minimum of 18 inches of soil.

Doug asked if we were going to check where the debris was buried and Paul indicated that he was going there to approve burying sites before any activity begun. The discussion turned to difficulty of measurement to determine permit compliance if bins of debris consisting of 40 cubic yards were not being trucked off site. The general consensus was that it may be necessary to bury all of the debris once the burying began. Doug recommended getting something in writing from DEP confirming the acceptance of burying the debris.

Donald also inquired about selling lobster from a pickup truck on his land and the Board confirmed Paul’s position that this did not need permitting under the Site Review Ordinance for this activity.

Shoreland Zoning Mapping Changes
Rezoning to Resource Protection District
Landowner Notification and Public Hearing Schedule

The discussion of the Shoreland Zoning Ordinance modification involved updating the Shoreland Map. Maine law requires that all landowners be notified and a public hearing held whenever any Shoreland Zone is being upgraded to a Resource Protection District. The town had the written part of the Ordinance approved by DEP and the Town at the June 2009 Town Meeting. The mapping changes had to be postponed to this year, since the landowners weren’t properly notified.

Ginny asked if notifications also needed to be made for other zone changes such as the re-zoning of some areas along the Outlet Stream to Limited Residential / Commercial. Paul indicated that notifications were not needed for this; only land being rezoned to Resource Protection. Board members offered some minor changes to the letter to be sent to landowners involving most typo or grammatical errors.

The Board decided to hold the public hearing for this at the next regularly scheduled board meeting on March 2. Doug inquired about adding something to the letter that would allow written comment and Paul indicated that this was present in the last paragraph.

Paul indicated that he also wanted to re-open the written section of the ordinance to add language from the Enforcement and Appeals Ordinance. This language prohibits issuing a permit for any permittee or land owner in violation of other Town ordinances or state laws or is using a contractor who is in violation of local or state laws. The Town Attorney, Alton Stevens, recommended that this language be added to each ordinance.

The meeting adjourned at 8:00.