Council declines to take action on Rite-Aid drainage issue

BY ELIZABETH PRATA SALVETTI
Gray-- At its March 19 regular meeting, the Council voted to prioritize its transportation projects for the Bi Annual Transportation Improvement Program (BTIP), declined to take any action on the issue brought forward by Phil and Jean Pulsifer regarding water drainage from the Rite-Aid property, and tabled an amendment to the proposed Ordinance Fee Schedule. Councilor Richard Barter was absent.

The Department of Transportation asks municipalities for a list of projects that officials would like to be included in the next BTIP, which is a bi-annual list of projects to be completed every two years. Inclusion in the list is not a guarantee of approval. The Council received a list of recommended road projects from Town Manager Mitchell A. Berkowitz and discussed ranking them. Berkowitz said that the projects are rated on several criteria, including multimodal options, safety, and geometrics (how geography affects traffic flow).

The Council decided that the most critical intersection in need of improvement is the Dry Mills intersection with North Raymond Road. Second, the Council will be exploring bike path connectivity within Gray and between other towns, long on their list of recreational improvements. Third, they’ll ask the DOT to design link roads to disperse traffic away from Gray Corner, which currently funnels into a crowded, five-corner intersection, clogging traffic. Last on the priority list is a reminder to the DOT of projects on prior BTIP lists, such as improvements to the Mayall Road bridge.

In other matters, Gray residents Phil and Jean Pulsifer have had an ongoing issue with the town and with Rite-Aid. They contended that when Rite-Aid was built the Planning Board failed to notice that there were inconsistencies within two engineering reports regarding soils testing to determine whether the land was a wetland. They say that excessive drainage from the Rite-Aid property has rendered their field useless. Their field is next to the store. The Pulsifers wanted the Town to reopen the issue and review new material they had presented to the Council. Councilor Jerry Grant said that all he sees is a difference in opinion between two engineering companies regarding the standard to which they determine a wetland exists. "To my mind, we can’t come between two engineering companies," he said. Council Chair Pam Wilkinson said that "The Rite-Aid drainage issue is not a Town issue." She maintained that because all conditions were met at the time, her recommendation was that the Council take no action and pass the issue back to the parties.

Jean Pulsifer replied that it was a Town issue. The Planning Board did not follow through appropriately on all the material in the site plan, and as a result, "They didn’t even build the right building, for crying out loud," referring to the fact that the building that was constructed was not similar to the one proposed in the original plan.

Pulsifer did ask that the Town take a look at ditching along the route where drainage is most evident. Berkowitz said he would ask the Public Works Director to do so, as long as creating a new ditch "does not drain water to another neighbor." Pulsifer thanked the Council and Manager, and said that that "might be of some help." The Council determined that the new material was not sufficient enough to re-open the issue, and they voted 3-0 to return the issue back to the parties. Councilor Jack Goosetrey had recused himself from discussion and voting because he was on the Planning Board at the time the Rite-Aid drainage issue first came up.

The Council is changing Town fees and they held a second hearing on the issue. Town fees for purchasing a transfer station sticker, supplying a sketch plan to the Town Planner, or asking for an Administrative Appeal will cost more. Some fees have been reduced or are staying the same.

Barry Wilkinson asked why the driveway opening permit is going from $0 to $50. Berkowitz replied that last season there were several subdivision requests for driveways. "The Code Enforcement Officer had to go back several times because of infield changes. The fee is based on an average amount time each department spends on various requests." Councilor Sue Austin asked for clarification on the Hazardous Materials Control Ordinance fee and moved to table the fee schedule until the questions were answered. The motion was not seconded. "If no one will give me the courtesy of a second then I will have to withdraw my support of the fee schedule and I don’t like to do that," she said. After more discussion, the motion was eventually seconded and action on the fee schedule tabled until the April 2 Council meeting.

Berkowitz reported that the Town of Windham and the Lakes Region Development Committee have contacted nearby towns, including Gray, and proposed a regional business park. They are looking for partners who might be willing to share equity in the Park. Berkowitz said that the concept of a regional business park makes sense. "We’re not the only town trying to attract businesses’ He also reported that the Council has been invited to a groundbreaking ceremony for the Good Shepherd’s new church on April 14 at 1:00. They will be building a church on Route 115 in West Gray. The Public Works plow truck that crashed and rolled over on Dutton Hill Road during the last storm had been repaired and inspected and will be returned to service. Progress on the T-2000 sidewalk improvement plan is approved. The waterline project will be completed first and then the sidewalks will be installed from TrueValue Plaza to the American legion on Route 100. Homeowners and businesses along the route, as well as any other concerned citizen, will be invited to a public hearing.

In other action, Barry Sheff was appointed as a full-time member of the Planning Board.
Town of Gray proposed fee schedule
Solid Waste Transfer Station