Planning Board Meeting ~ June 3, 2026

2026-06-03 · Planning Board · 1:34:33 · watch on YouTube →

This was the Planning Board's regular June meeting. Most of the public comment, none of it on the agenda, concerned the Ripley Jaden gravel pit at 1104 Hallowell Road: residents read prepared statements about the May 7 stop work order and its May 21 revision, setback and buffer violations, noise, truck traffic on Rabbit Road, and changes in their well water. George Thebarge told them enforcement and the conditional use review are separate processes, that the application was found incomplete and cannot return to the agenda until the applicant supplies the missing material, and that the town attorney will attend when it does. The board discussed how it wants to receive third-party peer review reports, then took up a request to extend the Greystone Ridge preliminary subdivision approval by six months after a re-check found a wetland and stream running along the planned road, forcing a realignment. A motion to grant the extension through January 14, 2027 was made and seconded, but the transcript records no vote call. The board also recommended Juliet Caplinger as its representative on a proposed interim economic development committee.

What was discussed

1. 0:25
   Opening and change to the agenda

   Brian Lanoie opened the June 3, 2026 meeting and said all members were present. Juliet Caplinger asked to add a general discussion of the Gorrill Palmer (?) third-party reviews ahead of new business, saying it would bear on later discussion.

2. 5:41
   Minutes of May 6 and May 20

   The May 20 meeting was not represented in the packet and was to be corrected. A board member asked that the May 6 minutes record that, under the request for conditional use approval to expand the Ripley Jaden gravel pit at 1104 Hallowell Road, Map 7 Lot 57, the applicant said they had no knowledge of which violations had been rectified to date.

3. 5:41
   Town planner's monthly report

   George Thebarge said his monthly report, which logs the work program for his position and his other work, was included in the packet, and offered to take questions. A member thanked him for its thoroughness.

4. 5:41
   Public comment: enforcement at the Ripley Jaden pit

   A Rabbit Road resident read a prepared statement setting out the sequence: a stop work order issued May 7 with three conditions for resuming work, an agreement that allowed the pit to finish some orders, diesel deliveries to the site on May 13, and a May 21 revision allowing work to resume until June 4 to haul out stockpiled material. He said none of the three conditions had been met, that there was no evidence of setback repairs or reclamation, and that pit trucks were running stop signs from Rabbit Road onto Route 9.

5. 10:55
   Public comment: precedent for after-the-fact expansion

   A second Rabbit Road resident said the operator expanded first and sought permission afterwards, that the board had already found the application incomplete, and that forgiving an after-the-fact expansion would tell every other large operator the rules are negotiable. She said the rules being bent are those protecting private wells, the aquifer and nearby streams and wetlands, and referred to the original 5-acre approval.

6. 16:05
   Public comment: the consent agreement and buffer measurements

   A resident of 24 Christmas Tree Trail (?) said the code enforcement officer had told her a consent agreement should be signed the following day, and asked whether the public can see it and whether it provides for reforestation. She said her measurements show cutting closer than the 100-foot buffer in places, under 30 feet, which she said also appears in a failed inspection report. George Thebarge said the enforcement process and the conditional use review are separate, each with its own legal parameters, and that he had asked the town manager, who agreed, to have the town attorney present when the application returns to the board.

7. 16:05
   Public comment: pit history and neighbourhood fit

   Phil Lapier (?) said that in the early 1970s no new gravel pits were permitted and asked how this pit fits a rural residential and agricultural neighbourhood. He was told this was not on the agenda and invited to send questions by email. A resident of 50 years then described the pit's history on Route 9, the shift from gravel to extracting bedrock, noise that he said made his house shake from about a quarter mile away, and asked how long the new pit will run and whether blasting will follow once the gravel is gone.

8. 21:45
   Public comment: well water and foundation damage

   A resident who moved to Rabbit Road in 2008 said she had no well trouble for more than a decade, replaced the pump in 2019 as normal wear, and had to replace it again in 2025 because it was pulling up nothing but sediment. She said she replaced a water heater in March and added a filter in April, and has cracks in her foundation.

9. 27:02
   The conditional use sequence, and further resident questions

   George Thebarge set out the order: the board first determines whether the application is complete, then decides whether to hold a public hearing, then votes to approve, deny or approve with conditions. He said the board found the last application incomplete, so it cannot go back on the agenda until the applicant supplies the material listed in the incomplete letter. Greg Martinez of 261 Rabbit Road (?) asked what to do if he sees a truck leaving after June 4 and was told to take a picture and call the code enforcement officer; Rebecca Harrian (?) of 245 Rabbit Road (?) asked when residents would get answers and was told agendas are posted before meetings.

10. 27:02
    How the board receives peer review reports

    Juliet Caplinger asked whether the board will continue to see the third-party reviewer's comments and the applicant's responses. George Thebarge said the reviewer works with the applicant, then writes a report for the board, and that the full point-by-point record comes with the final plan application as it did with Deer Creek Crossing; he said involving the board before final would not be workable. Juliet Caplinger said receiving the final report before final review is what she wanted, and asked George Thebarge to circulate a draft of the third-party review process; members noted Gorrill Palmer (?) does no other work in Durham, so there is no conflict of interest.

11. 37:33
    Greystone Ridge: extension request and road realignment

    Matt Peliter (?) of Terodine Consultants (?), representing Greystone Ridge LLC, requested an extension of the preliminary subdivision approval under section 6.8.A, citing permitting delays and a redesign. A re-check of the wetland delineation by Eric Lima (?), which Gorrill Palmer (?) agreed should be done, found a wetland and a stream running parallel to and exactly where the road was planned, so the road was moved to the Blue Jay Way alignment and the first 600 feet were redesigned. The plan still has 13 lots, still meets the open space requirements, and now avoids running close to an abutter's house and wells.

12. 42:48
    Agency and peer review status

    MaineDOT has said by email it will issue the entrance permit for Pinkham Brook Road; the Army Corps permit is expected in two weeks to a month, with the applicant agreeing not to clear during the bat season; the DEP has acknowledged the updated materials but given no timeline. Gorrill Palmer (?) has returned comments on the updated plan, with a few minor items at the front still to address.

13. 42:48
    Coordination with abutters

    Allan Purinton asked whether abutters had been involved in the change. Matt Peliter (?) said the abutter, Mr. Belffor (?), had been getting a lawyer involved over the road location, and that the client would notify them but he did not know more. George Thebarge said coordination between the applicant and the landowners is in the applicant's own interest given the level of abutter concern on the initial application.

14. 47:51
    Density calculations and why the wetlands were missed

    Juliet Caplinger asked about the net residential area and density table; adding the newly identified wetlands, open water and steep slopes brought the allowable density from about 13.23 lots to 13.18, still above the 13 proposed. Matt Peliter (?) said the original delineation relied on GIS parcel boundaries, which he described as notoriously inaccurate, and in this case were so far off that the scientist believed the area was off site and never looked at it. Members said the episode shows the value of third-party review and site walks.

15. 52:58
    Vernal pools and agency letters

    A member asked whether a vernal pool could be present in the area that was missed; Matt Peliter (?) said no and agreed to ask Eric Lima (?) to confirm in writing, noting a vernal pool survey is a separate exercise. The board asked for an updated consultation with the Maine Department of Inland Fisheries and Wildlife, since the existing letter is old and refers to a 16-lot plan, and noted the mica pit vernal pool had been determined not significant because it is manmade.

16. 58:20
    Length of the extension

    With no guarantee on DEP timing, the board decided not to set a date of its own and asked the applicant what he was comfortable with. Matt Peliter (?) requested six months, saying he expects to apply for final in the August to October range. A member noted the clearing window runs from November 1 to about March 15.

17. 1:03:33
    Draft findings of fact

    George Thebarge said the ordinance requires the board to make findings when it grants an extension, and that documentation matters if a decision is ever challenged. He said he uploaded the applicant's submission and his own agenda notes and used AI assistance to prepare a formal set of draft findings, conditions and proposed motion language, and read the findings and conditions to the board.

18. 1:09:43
    Amendments to the conditions, and the motion

    Juliet Caplinger asked to add the Maine Department of Inland Fisheries and Wildlife to condition four and vernal pool documentation to condition six, and confirmed that condition three means changes from the preliminary plan are reviewed at final and condition five means a final report from the third-party reviewer. A motion was then made to grant the extension with those amendments, initially stated as December 3, 2026 and corrected to January 14, 2027, six months from the current July 14, 2026 deadline. The transcript records a second but no vote call.

19. 1:15:05
    Interim economic development committee: the grant and the study area

    George Thebarge said the town has a grant to study whether an economic development district makes sense in the area south of the power line along Hallowell Road near Cushing Road down to Brown Road and past the Bell Farms fields. He cited the proposed battery energy storage project, described as a $300 million project, existing gravel pits as potential solar sites where reclamation could be funded, wood processing operations including a sawmill the board reviewed, the KOA campground as one of the highest-paying taxpayers, and agricultural land. He said the aim is an actionable plan rather than a study that generates more study.

20. 1:20:06
    Committee structure and timing

    Rather than forming another standing committee, the proposal is an interim committee made up of representatives of the planning board, the conservation commission, the agriculture committee and the select board, plus a community volunteer with development expertise, with alternates. A draft resolution prepared with the town manager is in the packet; George Thebarge said the select board is likely to take it up after town meeting, possibly on the 23rd, and that the grant funding runs two years. A member asked whether neighbouring towns could be brought in, and was told that could be a discussion for the committee.

21. 1:25:12
    Planning board representative

    Juliet Caplinger said she would like to serve, citing her experience in energy, specifically solar and storage, and noted that using closed pits for solar may require ordinance changes because the ordinance treats reclamation as what happens when a pit closes. A motion was made and seconded to recommend her, with the select board making the actual appointment, and a separate motion on an alternate was lumped in with it.

22. 1:30:23
    Relationship to the comprehensive plan

    A member noted the comprehensive plan lists creating an economic development committee as a high priority that has never been addressed, and asked whether this work would force a comprehensive plan update ahead of the state-mandated schedule. George Thebarge said establishing a district would require an addendum to the comprehensive plan, and that the interim committee is a first step toward the permanent one. He also said alternative energy generally does not add tax base because it is exempt from property tax, but can lower energy costs for high-consumption agricultural processing.

What was decided

• 0:25
  Add a general discussion of the third-party peer review process to the agenda, ahead of new business. A second and a vote were called; the board took the item up later in the meeting.passed
• 5:41
  Accept the May 6 minutes as amended to record that the Ripley Jaden gravel pit applicant said they had no knowledge of what violations had been rectified, and accept the May 20 minutes as amended, that meeting not having been represented.passed
• 1:09:43
  Motion to grant Greystone Ridge LLC an extension of the preliminary subdivision approval under section 6.8.A through January 14, 2027, subject to the drafted findings and conditions with the Maine Department of Inland Fisheries and Wildlife (?) added to condition four and vernal pool documentation added to condition six. The transcript records the motion and a second but no call for a vote.outcome unclear
• 1:25:12
  Recommend Juliet Caplinger as the planning board's representative on the proposed interim economic development committee, with an alternate lumped into the same motion. The select board makes the actual appointment; the transcript does not capture who volunteered as alternate.passed

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Worth knowing

• 5:41
  Public comment was dominated by the Ripley Jaden gravel pit, which was not on the agenda. Residents said the stop work order issued May 7 set three conditions for resuming work, that none had been met, and that the order was nonetheless revised on May 21 to let the operator work until June 4.
• 16:05
  George Thebarge said enforcement and the conditional use review are separate processes and the board will not bring enforcement into its discussion, to protect any future legal action by the town. He said the town attorney will be present when the application comes back, and that it cannot go back on the agenda until the applicant supplies the material identified as missing.
• 37:33
  A re-check of the Greystone Ridge wetland delineation found a wetland and a stream running exactly along the planned road. The applicant's engineer said the original delineation relied on GIS parcel boundaries that were substantially wrong, so the area was never walked; the road has been realigned as a result.
• 1:15:05
  The town has a $75,000 grant, contracted to the Greater Portland Council of Governments, to study an economic development district in the area between Hallowell, Cushing and Brown Roads. The two-year funding is the same community action grant programme used for the open space work.

Motion language found in the transcript

Located by pattern matching, with no model involved: "I move that", "I'll second", "all those in favour". This is an independent check on the summary above: 3 passages of motion language, against 4 decisions summarised.

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