1 NORTH BERWICK, MAINE, 03906 MINUTES OF PLANNING BOARD NOVEMBER 17, 2011 Present: Chairman R. Todd Hoffman, Barry Chase, Shaun DeWolf, Rick Reynolds and Lawrence Huntley, CEO. Absent: Mark Cahoon and Julie Fernee Also Present: Carol Campbell, Brenda Boston, Jean Boston, Sharon Charrier, Ben Charrier, Shirley Barto, Charles Barto, Brea McDonald, Dwight Littlefield, Dawn Morris, Bill Staples, Cody Calnan, Laurienne Missad Martin, Jon Koelker, Donna Koelker Roger Hartford and Ann Hartford. 1. Call To Order: Chairman R. Todd Hoffman opened the Planning Board Meeting at 6:35 p.m. Chairman R. Todd Hoffman moved Rick Reynolds to full voting status. 2. Current Business: A. Dwight Littlefield---Applicant proposes to permanently locate a Trucking Business at 25 Appy Acres Rd. Article 4-11 E Similar to a Conditional Use (Business Enterprise) (Map 16, Lot 9) Chairman R. Todd Hoffman explained to Mr. Littlefield that the Planning Board received a memo from the Code Enforcer that the intended use on your property at Appy Acres would need a Conditional Use Permit, if it was permitted. A Conditional Use Permit authorizes a particular use. The word condition mandates the Planning Board place any needed conditions to make sure that use is compatible with the zone that it is residing in. Dwight Littlefield explained that my intention is to consolidate the property that we have used through the years. The farm at 25 Appy Acres Road has been in the family since 1976. We use to keep a lot of equipment down there, because the location on Main Street back in the mid 1970 s to the 1980 s was full of outside trucking companies and there wasn t room for everything that we had. The trucks have been in and out of there for years. Once the outside companies were gone, we started bring thing back up and kept them there. My idea is to move everything down there and put up trees to make it livable for people that don t like the looks and trees for sound barriers. These trucks go in and out of that railroad crossing every day. Some trucks go to Westbrook, but most of the trucks go towards South Berwick. It isn t a public business; it is for repair and storage of trucks and equipment. Chairman R. Todd Hoffman asked how many trucks are there and what size are these trucks.
2 Dwight Littlefield answered six tractor trailers, if hooked together twelve straight trucks and seven straight jobs. There are four small vans and five pick up trucks. We haul for Pratt & Whitney and Hussey s that is 80% of our business is. Barry Chase asked how many local people do you employee. Dwight Littlefield answered approximately twenty people or more. Chairman R. Todd Hoffman asked how many trips per day. Dwight Littlefield answered eight per day. Barry Chase asked how many trips are made at Appy Acres now. Dwight Littlefield answered as far as our company vehicles approximately two to twenty five. Shaun DeWolf asked is there a gravel parking lot there now. Dwight Littlefield answered that some of it has grown in, but there is gravel there. Within a year he would like to build a bigger building approximately 5,000 square feet. Lawrence Huntley, CEO replied that was before I gave it more though and we were talking about grandfathering the situation. I decided to go in a different direction. Rather than grandfather it I m looking at permitting it with a Conditional Use; as a Similar Use to a Permitted Use. That wouldn t limit you to 5,000 square feet; you could build what you need with approval of the Planning Board. Chairman R. Todd Hoffman asked would you consider this commercial. Lawrence Huntley, CEO answered that it isn t commercial because there is no business done there, he would consider this maintenance. Lawrence Huntley, CEO spoke: that I have not talked to MDOT, but that s the permit that they provided. Lawrence Huntley, CEO explained that in September they brought this before me to see if I had any concerns about it and of course I had concerns about it and they also mentioned the fact that they thought it was grandfathered in an industrial use. The industrial area crosses the Great Works River on their back side on Appy Acres. I asked Dwight to provide me with some affidavits from some people that have knowledge of that being used since 1978 when zoning came into effect. Mr. Littlefield provided me with a number of affidavits from people that worked for him in the passed and how they worked on trucks and engines since 1978. My conclusion was that it could be grandfathered for the use that is going on, but as I got looking at it more in depth. I m thinking their not really doing a lot down there and they may have a grandfathered use, but there not doing a lot of stuff there as they would be doing up here at the
3 old railroad station. There doing most of there work at the railroad station and some at Appy Acres. If they were to move the whole operation at Appy Acres, that would be increasing a nonconforming use. In order to get it to a certain point and I would like to please everybody, but I can t. I know the business enterprises are allowed in residential 1 zone, which is what Appy Acres is. On Page 3 in the Zoning Ordinance: Business Enterprises: is an activity which is conducted primarily on the customer s or client s property by tradesmen/professionals, including but not limited to carpenters. Plasterers, brick layers, electricians, plumbers, general excavators, builders paving contractors, landscaping, snowplowing, commercial lawn care, catering, and by those involved in Essential Services as defined elsewhere in the Ordinance. Business Enterprise does not include personal service as defined in Personal Services. At Littlefield trucking there is no warehousing, storage or shipping of goods is being carried out only maintenance of these trucks is taking place at the present location. In our Ordinance in the Tables under miscellaneous; it says Similar Use to a Familiar Use A permitted Use is Business Enterprise. A Similar Use would be Littlefield trucking which is similar to a Business Enterprise, but because they don t do commercial there I m saying it s similar. It says in the Ordinance that it requires a Conditional Use Permit from the Planning Board and the reason it requires a Conditional Use Permit from the Planning Board is so that the Planning Board can put conditions on that use. A condition could be screening, number of trips. In my opinion I think it is a Similar Use to a Business Enterprise because they don t conduct business there they just maintain equipment there and park there trucks, it is the same thing a contractor does. Chairman R. Todd Hoffman read in to record: 1.4.4 Non-Conforming Uses e. Change of Use: An existing non-conforming use may be changed to another non-conforming use provided that the proposed use is equally or more appropriate to the district than the existing non-conforming use, and the impact on adjacent properties is less adverse than the impact of the former use as determined by the Planning Board. Ben Charrier spoke that at this time there is approximately eight pieces of equipment; six straight jobs and two tractors. At anytime given during the day we may have two trucks in the yard, because there working. I there is a truck there it is in the garage because were working on it. If Pratt & Whitney doesn t need us the trucks are sitting there quite. In the over all impact to the environment I don t think you ll see a change. Shaun DeWolf concerns: 1. Expansion of a Grandfathered Business (expansion as in building, or as business. 2. Drainage
4 3. Parking spills, fueling 4. Hour of operation Shaun DeWolf suggested: 1. Provide Site Plan 2. Site walk 3. Approval Plan from MDOT Chairman R. Todd Hoffman opened the Public Hearing to the public at 7:33 p.m. Charles Barto spoke: that he is glad Mr. Littlefield employee s people in town and I have no problem with him expanding or doing what ever he has to do down at the farm. The concern that I have is the driveway and the railroad and that Buffum Road should be moved too. The stop sign on Buffum Road that your suppose to stop at, but you can t see the traffic, so you have to ease out there and the cross arm comes down and you have an 80 mile train coming down the tracks, you just sit there and hope it doesn t derail. Chairman R. Todd Hoffman asked CEO to contact MDOT in regards railroad crossing and speed limit on Route 4. Roger Hartford spoke: that when it rains or snow melts all that water from the field which is adjacent to my property comes across the gully on to Guptill Lane to all these houses that have wells. The biggest problem with any truck or vehicle in that area, if it is leaking oil it contaminates the well. Shaun DeWolf answered that the rules for engineering that the water that runs off today, if they do any improvement to that property, it can run off tomorrow, it can t increase it. Jon Koelker spoke: I also live on Guptill Lane and speaking of quality of life, when you do a site walk I would like you to at lease consider taking into account the character of the neighborhood as it currently is. I would like to know from you folks, what sort of Conditional Use could you place on conditions that you could place on such an enterprise that would effectively have zero impact to abutters by bringing in a fleet of trucks. What kind of devices do you have that these trucks would not be heard or seen or smelt at other time other than 8:00 a.m. to 5:00 p.m.. I m just wondering what sort of conditions could be put on that, that you would entertain as possible. Shaun DeWolf answered that the hours of operation and at this time I can t really say. We do not have a true plan to really talk about. Chairman R. Todd Hoffman commented that we could put a limit on the fleet so that there isn t an increase on the fleet every year when things start to boom. Carol Campbell spoke: I am also an abutter with property that will now front where the new driveway is. My property is adjacent to this property across the street which is now a beautiful field. The reason I bought this property was because of the rural nature of the neighborhood. I was say that I appreciate the fact that Mr. Littlefield wants to reduce the impact of the neighborhood and bring up the idea of tree ferns and screening. I also appreciate business in
5 town. I have concerns about once this thresh hold is crossed that without question is a residential neighborhood and making it something that it isn t. We are talking about a lot of things here; moving a road; railroad track and a business. I gather will be coming back when there is a more complete application to see a complete plot plan. When will the next Public Hearing. Chairman R. Todd Hoffman replied that there will be another meeting. Lawrence Huntley, CEO explained that this is the Public Hearing, if we are having another meeting they need to call me every week and I will let them know when the next meeting is. The Town cannot send out registered mails for every meeting. Chairman R. Todd Hoffman spoke: when the Planning Board holds their next meeting regarding this issue, it will be placed on the agenda, you need to inform your neighbors of when that meeting will be. Lawrence Huntley, CEO replied that the next meeting is December 8, 2011 at 6:30 p.m. Chairman R. Todd Hoffman read into the record: 4.1.9 Residential Districts I & II a. To provide for the public health and safety, environmental quality, and economic well being of the community. b. To provide areas of residential growth in such a manner and at such locations as are compatible with existing development and the ability of the community to provide essential services and utilities; and c. To provide areas for commercial, public, and semi-public and other uses compatible with and complementary to residential development. This district allows for some kind of economic development, but it needs to be compatible with residential. Brenda Boston spoke: I live at Guptill Lane also and with a practical stand point. I don t understand how the DOT can allow the trucks to come up over the proposed road is and make a left hand turn going towards South Berwick and essentially create a screen of the rail road tracks. When those trucks are pulling out and totally screening those railroad tracks, how is that safe? Chairman R. Todd Hoffman spoke: that these issues will need to be dealt with. Chairman R. Todd Hoffman closed the Public Hearing to the public at 8:12 p.m. Chairman R. Todd Hoffman placed Mr. Littlefield on the next agenda on December 8, 2011. Shaun DeWolf will contact MDOT regarding Mr. Littlefield s site plan and road standards.
6 3. Preview Next Agenda 4. Other Business: 5. Review Previous Minutes: Rick Reynolds moved to approve the minutes of October 27, 2011, Shaun DeWolf seconded a motion. Vote, 4-0 6. Adjournment: Rick Reynolds moved to adjourn at 8:30 p.m., Shaun DeWolf seconded a motion. Vote, 4-0 Lawrence Huntley, CEO Planning Coordinator Respectively Submitted Anita Merrow, Stenographer Chairman R. Todd Hoffman Barry Chase Julie Fernee Shaun DeWolf Mark Cahoon Rick Reynolds Chairman R. Todd Hoffman Barry Chase Julie Fernee Shaun DeWolf Mark Cahoon Rick Reynolds CEO Town Manager Post Inside/Outside File