Town of Cumberland, Maine - October 18, 2005 Planning Board Minutes

Mr. Powers stated as an administrative matter - At the last Planning Board meeting the Board was given information that was erroneous. In the discussion on the amended Minor Site Plan for the athletic fields for SAD # 51, Mr. Powers asked about the Twin Brook Committee oversight of the fields. The Board was told collectively that was not necessary as the Twin Brook Advisory Committee was already in place. As it turns out, that Committee does not have authority over the athletic fields. The Committee has control over the Tuttle Road side of Twin Brooks, but does not include the area of the playing fields on the Greely Road side. There is no oversight or policy group that consists of members of the public such as exists on the opposite side. Mr. Powers stated it appears the Board has three alternatives:

1. Do nothing leave the approval as it was granted at the September 20, 2005 meeting.

2. Add a condition of approval that this role and responsibility be added to the mandate of the existing Twin Brook Advisory Committee.

3. To shape and charge a new committee to exercise administrative control and oversight and policy establishment for Greely Road side of Twin Brook.

Ms Howe stated is seems more likely that a Committee will be active and manned if the Committee has other responsibilities.

Mr. Richards asked about the specific authority of the existing Twin Brook Advisory Committee.

Ms. Nixon stated when Mr. Powers e-mailed, she asked Mr. Shane about the responsibilities of the Twin Brook Advisory Committee. Mr. Shane responded as follows by e-mail - The Twin Brook Advisory Committee is not responsible for the 20 acre playing field areas, but is responsible for the other 230 acres of the park including all trails adjacent to the little league and football field and the out parcel of land being farmed by the Fowlers next to the railroad track. This is a Council policy matter and is outlined in the contract between the MSAD and the Town.

The Memorandum of Understanding Item # 7 Appointment to Twin Brook Committee:

The Town Council will appoint a member of the Fowler/ Blanchard family to the Twin Brook Advisory Committee as a full voting member. The Advisory Committee has oversight of the Tuttle Road fields and properties not included in the Lease with the District. The Greely Road fields, road, and parking area are under the authority and oversight of the District as defined in the 2002 Lease Agreement.

Mr. Neagle stated the Advisory Committee does not have authority over the sports fields due to the lease between the Town and the MSAD. If the lease to the MSAD was dissolved the Committee would assume jurisdiction over the playing fields. Mr. Neagle stated that this controversy has been a visible event in the community and he isn't concerned that the MSAD will need any special oversight.

Mr. Richards and Mr. Neagle agreed they were not inclined to re-open the hearing.

Mr. Ward stated he thought it would be a good idea if the MSAD fields were included under the review of the current Twin Brook Advisory Committee; this would give the public a forum to contact with concerns

Mr. Neagle agreed; but the public already has a forum with the School Board meetings.

Mr. Richards asked for clarification of what area was under the review of the Twin Brook Advisory Committee.

Ms. Nixon stated everything except the leased fields. Ms. Nixon asked what kind of concerns the Board had that site plan review wouldn"t cover.

Mr. Powers asked if the Committee has jurisdiction excepting only the portions leased to the MSAD.

Ms. Nixon stated yes, and again asked about concerns that wouldnt be covered by the lease or site plan review.

Mr. Powers stated you might also ask the question, whats the purpose of the Committee, and why exempt these playing fields?

Mr. Couillard stated if the Committee did oversee the leased fields; a member of the Fowler family would be informed of any changes.

Mr. Richards stated the Fowlers and School Department have gone through a negotiated process to reach an agreement and he doesnt foresee any future problems between the Fowlers and School Department.

Mr. Couillard asked if it was left that the Committee would have an overview of the fields.

Ms. Howe stated yes.

Ms. Nixon stated someone from the audience responded that it was covered, and then Mr. Greg Fowler stood up and said that was not the case. The public hearing was closed, and the Board moved on. The question is what are we concerned about happening on those twenty acres that wouldnt trigger coming back to the Planning Board? Weve reviewed the fencing, batting cages; and if the Little League field was to be built, they would have to come back to the Board.

Mr. Neagle stated if they were to put up a new chain link fence they would need to come back to the Board for approval.

Ms. Nixon stated if the Board wanted to write a letter to the Council addressing these concerns it might be appropriate, but to hold up the approval that was granted last month would be a concern.

Mr. Neagle stated the Board has thirty days to legally review this approval; the Board would have to vote to re-open the hearing tonight.

Mr. Powers stated the Board has further clarification that was not available at the meeting, that the Committee has jurisdiction over all of the fields with the exception of the leased area to the MSAD. That was not clear to him at the last meeting.

Mr. Neagle agreed he was under the impression that there was a committee that had oversight.

Ms. Howe stated the Board was lead to believe that a committee was not required because it already existed.

Mr. Powers stated subsequent to the last meeting he discovered the information was erroneous, and the decision was made relying on the misinformation.

Mr. Richards asked if the lease agreement by its very nature gives the Town oversight.

Mr. Neagle stated he would have to read the lease language.

Mr. Powers stated a lease depicts the scope of the tenants rights, and generally speaking the owner has the right to enter and determine what happens physically to the property.

Mr. Richards asked if the MSAD would have the right to erect a ferris wheel on the property.

Ms. Nixon stated not without site plan review.

Mr. Powers stated the tenant or property owner is also subject to municipal ordinances which would prevent certain uses of the property.

Ms. Howe agreed there isnt a lot of wiggle room, she agrees this is a high profile issue now; but voiced concern of a new school board not remembering in five or more years.

Ms. Howe moved to re-consider the decision of the September 20, 2005 meeting for the purpose of adding a new condition of approval to the minor site plan approval for the Twin Brook Athletic Fields, Greely Road side, Tax Assessor Map R04, Lot 13.

Ms. Nixon stated she had consulted with the Town Attorney, Natalie Burns and was told the Board could not change even a comma of the decision without advertising for a new public hearing.

Mr. Neagle stated the Planning Board has thirty days to re-consider its decision. In theory they could move to re-open it and table it until next month.

Ms. Nixon asked where that was stated in the Ordinance.

Mr. Neagle stated its not in the Ordinance, but the Board has the authority to re-consider a decision within thirty days, and can vote to re-open the hearing, and make a change to the conditions and close the hearing.

Mr. Couillard asked if there was a way to ask the Town Manager to ask that the existing Twin Brook Advisory Committee oversee the entire parcel including the athletic fields that are leased to the MSAD.

Mr. Neagle stated the Board voted last month, and unless the Board wants to re-open and re-vote the Board should move on.

Mr. Powers stated Ms. Howe made a motion with no second.

Mr. Couillard asked if Ms. Howe would re-state her motion.

Ms. Howe moved to re-open the Twin Brook Athletic Fields Site Plan Approval, for the limited purpose of discussing oversight of the Twin Brook Advisory Committee.

Mr. Couillard seconded.

VOTE: 4 in favor (Howe, Couillard, Ward, Powers) 2 opposed (Neagle, Richards)

Mr. Richards asked if all parties had to return for a public hearing.

Mr. Powers stated the public hearing was closed; this question was raised based on misinformation received by the Board regarding the oversight authority of the Twin Brook Advisory Committee.

Ms. Nixon asked for clarification on the Boards action.

Ms. Howe moved to amend the minor site plan approval of September 20, 2005 to modify the conditions of approval to include the provision that the Twin Brook Advisory Committee will have authority over the entire Twin Brook Site including the athletic fields leased to the MSAD.

Mr. Couillard seconded.

VOTE: 4 in favor (Howe, Couillard, Ward, Powers) 2 opposed (Neagle, Richards)

Mr. Richards motioned to adjourn at 8:10 p.m.

Mr. Ward seconded. VOTE: Unanimous

A TRUE COPY ATTEST:

______________________ _____________________

Thomas E. Powers, Board Chair Pam Bosarge, Board Clerk

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