2010-05-05 Minutes

Town of Durham Minutes and Agendas
PLanning Board Minutes 2010-05-05
Planning Board
2010-05-05 7:00 pm
Durham Town Office

Russ Jabaut called the meeting to order at 7:00 pm and offered opening remarks:

“The Planning Board is sworn to read and apply the ordinances of the town as they are written. If they are not clear the Board tries to interpret the ordinances in a manner that reflects the Board�s understanding of how the town�s people meant them to be read and applied. The Board cannot substitute its own version of the ordinances as this would replace the town meeting which is the legislative body of the town. If ordinances need to be changed that is not something the Board can do. Only the legislative body at town meeting can make an ordinance correction or change. Sometimes when deciding the facts of the case and applying the town ordinances the Board has to say no.
A DVD recording and digital audio copy of the meeting are legal records of the public hearing.”

Members present: Todd Beaulieu, Paul First, Russ Jabaut, Jill Toher.
Associate members: Barry Baldwin and Carol Minnehan-Lee
Secretary Deborah Larrabee

Special note: Carol Minnehan Lee will be a voting member of the Planning Board for this meeting as Joe Tomm has been excused. All items C. Minnehan-Lee votes on tonight that are continued items, will be followed through until completed.

Acceptance of Minutes of May 5, 2010: P First moves to accept minutes as presented for May 5, 2010. Second J. Toher. 5 yes 0-no 0-abstain

� Jessica Pass: Conditional Use: Day Care: Swamp Road: Map 6 Lot 53
Jessica Pass personally appeared before the Planning Board to complete her Conditional Use Permit for a Day Care.
The site distance and Septic have been looked at by professionals. The site distance and septic meet the conditional use application in accordance with the ordinances.
Review of the Conditional Use Application for a day care: J. Pass
1. ok 10. n/a
2. ok 11. n/a
3. ok 12. ok
4. n/a 13. n/a
5. ok 14. ok
6. ok Septic inspected by Sweet associates. 15. ok
7. n/a 16. ok
8. n/a 17. ok
9. ok 18. n/a
19. ok

P. First moves to accept the Conditional Use Application for Jessica Pass to have a Day Care with no conditions. Second by J. Toher. 5-yes 0-no 0-abstain
� Cindy and Troy Planche: Conditional Use Permit: Full Service Glass Studio: Map 7 Lot 104
Troy Planche personally appeared before the Planning Board to complete his Conditional Use Permit for a Full Service Glass Company.
T. Planche stated that the Appeals Board approved the Full Glass Company on April 29th, 2010. All green cards have been returned and given to the Board.
Review of the Conditional Use Permit: Planche

1. ok
2. ok
3. ok
4. ok
5. ok
6. ok
7. ok
8. ok: Appeals Approval was for Commercial use over the Aquifer.
9. ok
10. ok
11. ok
12. ok
13. n/a
14. ok
15. n/a
16. n/a
17. n/a
18. n/a
19. n/a

C. Minnehan-Lee moves to approve the Conditional Use Application for Planche to have a Full Service Glass Company on lot 7 map 104. The Condition is a copy of the Appeals Board Decision needs to be shown. Second by T. Beaulieu. 5-yes 0-no 0-abstain

Allison Trusdale: TRC for CMP: Maine Reliability Program: Permitting Process
Others present: Pete Walker Power Engineers, Mark Goodwin: Program Management and Herb Stevens: Service Rep for CMP.
Allison Trusdale gave an overview of the Maine Reliability Program
The Application from TRC had been misplaced at the Town office. Therefore the application was reviewed by the Planning Board members prior to tonight’s meeting. Therefore, A. Trusdale will give an overview of the project. The Maine reliability Program had been presented to the Board a couple of years ago.
A black out in the Eastern part of the country in 2003 made realize that the Northeast power grid needed to be updated in order to attempt prevent a future black out.
Ms. Trusdale stated that there are five major reasons for this program:
1. Grid Reliability
2. Amount of electricity used has doubled.
3. Population in southern and western Maine has grown.
4. Electricity is and will be generated from new sources.
5. Grid Load and economics play a big part.
6. This 40 year old system needs to be upgraded.

The corridors run from Larrabee Road Sub-Station in Lewiston to the Sub-Station in Pownal. The segment Durham is in is number 17. The north and south are included in this project. The east and west are not. The corridor is 400� wide and 4.5 miles long. The new lines are to be 345 Kilovolts. The corridor will not be expanded the structures will be built within the existing corridor. The support structures will be installed 126.5 feet from the West side of the Right of Way. All wooden structures/ sturdy. Centered line of transmission. Ownership is all Fee simple for land. CMP owns the whole width that goes through town.
The permit applied has to do with Shoreland Zoning and Conditionally permitted commercial Use. Some of the Resource Protection district is grandfathered as a non-conforming use. The Runaround Pond area and Libby Brook are involved.
The Board reviewed the Shoreland Zoning map dated 1994 with TRC. The Shoreland Zoning Ordinance that Durham uses, was imposed by the State of Maine, since Durham did not formally adopt the Shoreland Zoning Ordinance in 1994, or any of the subsequent changes. Chapter 1,000 of the State Shoreland Zoning governs Durham. By State statutes, a 100� set back is required from certain bodies of water, and in areas not covered by State statute, our local resource protection ordinance and maps cover areas not addressed by state law. In any case, the stricter of the two ordinances applies. A DEP map may need to be looked at by TRC.

D. Larrabee found the 1994 Shoreland Zoning Map and this was reviewed by A. Trusdale and the Board. A. Trusdale will request a copy of the 1994 Shoreland Zoning Map from the Town Clerk Shannon Plourde.
The height restriction issue was addressed in article was passed at the 2009 Town Meeting. (Article 38 in the Town report.)
The support towers to be installed are similar those existing in Durham now.
The side set backs for the CMP construction does meet Durham Ordinance requirements. Side Setbacks 126.5 to center. 26� A-B and 52�C-D.

Discussion on Structure definition & Permit fees:? ref. Durham Land Use Ordinance: Article II Definitions: Section II Definitions: “Structure” (page 12)
Differing interpretations of the term “structure” suggests that the Town Lawyer should review the definition of “Structure”.
Tree cutting: A. Trusdale stated that only the trees that interfere with the lines will be cut.
Vernal pools are delineated on the maps in the application.
Point of Order: P. First stated that in the application it should be noted that the Codes Enforcement Officer Daniel Feeney has agreed to use the Durham Ordinances in reference to Shoreland Zoning.
CMP will need the following for the Planning Board to begin formal review of the application at the June meeting:
1. Ms. Trusdale will need to bring the “Green Cards” that show abutter notices were received by the abutter, per ordinance
2. Easement letters of any kind.
3. Copy of State imposed Shoreland Zoning map and related information.

J. Toher moved to adjourn at 8:45 pm. Second by T. Beaulieu. 5-yes 0-no 0-abstain

Secretary, Deborah Larrabee