Chair, Carol Billington, called the meeting to order at 7:05 p.m. Present: Wayne Newbegin, Kenneth Fish, Eleanor Dudek and Brian Libby. Staff present: Bud Benson and Donna Sawyer Members Absent: Bill Foster, Chris Parkin
Brian Libby made a motion to accept the December 5, 2005, meeting minutes and Wayne Newbegin seconded the motion. No discussion. All in favor. Motion passed.
Finding of Fact:
Ken Fish made a motion to waive the reading of the Finding of Fact for Michael and Mary Beaudoin and Phil Pomerleau. Wayne Newbegin seconded the motion. All in Favor.
Carol signed:
-Finding of Fact for Camp setback for Michael and Mary Beaudoin, Map 22, Lot 2.
-Motor Vehicle Sales Site Plan Review for Phil Pomerleau, Map 36, Lot 9
UNFINISHED BUSINESS
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC., - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
Mr. Bud Benson, Planning Administrator, said he has communicated with Charles Brown, Sebago Technics. They are still dealing with some federal approvals and hope to be back next month. Wayne Newbegin made a motion to table this project until next month and Eleanor Dudek seconded the motion. All in Favor. No discussion. Motion carried.
Wayne Newbegin brought to the attention of the Chair that the Finding of Facts had not been approved, but only voted to waive the reading. Wayne Newbegin made a motion to accept the Finding of Facts and Ken Fish seconded the motion. All in Favor. Motion carried.
01-05-02-05 JOSIE’S BROOK SUBDIVISION (formerly known as Tompson Property/James Tompson, QTW, Inc. – Map 6, Lots 18 & 21, 139 Cape Road
Subdivision Plan Review
Bud Benson said that they are in the process of obtaining their FEMA approval and wished to have their project tabled until next month. Ken Fish made a motion to table this project until next month and Wayne Newbegin seconded the motion. No discussion from the Board or public. All in Favor. Motion carried.
01-07-11-05 RETAIL BUSINESS OVER 2,000 SQ. FT./Norway Savings Bank – Map 10 Lot 69E, 88 Ossipee Trail East
Site Plan Review
Mr. Benson said there had been activity with this project during the last week. The MDOT entrance permit is in its final stage of approval and they have the design for the intersection improvements almost done. Wayne Newbegin made a motion to table this project and Ken Fish seconded the motion. No discussion. All in Favor. Motion carried.
01-12-05-05 MECHANICAL REPAIR GARAGE/Cliff Strumph – Part of Map 10, Lot 6, Ossipee Trail West
Site Plan Review
Bud Benson said that Mr. Strumph is working on a new site plan and he expects to have a new set of plans ready for the February meeting.
Wayne Newbegin made a motion to table until next month and Eleanor Dudek seconded the motion. All in Favor. Motion carried.
02-12-05-05 COMMERCIAL RECREATION (Villaris)/Larry Stuteville – Map 5, Lot 55, 51 Pequawket Trail
Larry Stuteville appeared before the Board and said that he has submitted a new plan to the Planning Department. Mr. Benson said he received the new plan and had not had a chance to review. However, he said that each member had received a new copy of the plan tonight. Bud went on to explain that Mr. Stuteville had addressed many of the issues that he had pointed out in his memo to the members.
Bud urged the Board to talk about the parking that had been removed along one side of the building. There is a need for ADA parking there and it needs to be shown. Mr. Stuteville said he had removed the parking because of the fire lane requirement. Mr. Stuteville said he would be happy to put the two ADA parking spaces and 1 regular parking space back on the plan along the side of the building and still keep them behind the front face of the building. Bud distributed an aerial view of the property for the members to review.
Discussion moved to other items addressed in Bud’s memo. The sidewalk issue needed discussion. Ken Fish asked if anyone had an issue with waiving this item. It was decided by the members it was not needed and they waived that requirement. Chair, Carol Billington, reviewed Section 181-71, Elements, to make sure that the application was complete.
Next, Carol reviewed Bud’s suggested conditions of approval. They are:
1. Building will need to comply with NFPA Life Safety Code 101. (chapter 12). Plan of construction showing fire alarm system, Extinguisher placement, with evacuation plan needs to be submitted to Standish Fire Department for approval. An inspection of the site needs to be done prior to occupancy. Because the addition is greater than 50% of existing building, the entire structure needs to comply with the 101 standard.
2. A designated FIRE LANE along the side of the building, that shall be an unobstructed passageway at least 20 feet in width is to be constructed and maintained at all times in a manner to permit the free passage of fire, police, rescue and emergency personnel and apparatus from a public way to necessary areas and buildings. This area to be posted no parking and to be shown on site plan.
3. Provisions for on site landscaping show grassed area and trees within the required front 50 foot wide street buffer. Grassed area needs a minimum of 4” loam with fertilizer, lime, seed and mulch to replace existing parking area. Any trees or other landscape materials along Route 113 spaced at minimum 30’ intervals placed under street buffer section which are damaged or die at any time shall be immediately replaced to ensure that the buffering effect of these materials is achieved. All landscaping required by this section shall be well-maintained throughout the year.
4. The lighting proposed must be concealed source and be appropriate for the area character.
5. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
The Board waived a $1,800 street light impact fee because they felt it was not needed and added no value.
Carol asked for a motion. Wayne Newbegin made a motion to approve the project with the conditions of approval as listed above which did not include a street light impact fee of $1,800. Eleanor Dudek seconded the motion. Wayne Newbegin amended his motion to include 2 ADA parking spaces on the side of the building on the site plan. Eleanor Dudek seconded the motion. There was no public comment. All in Favor. Motion carried.
Mr. Stuteville will bring in a revised plan showing the location of the ADA parking spaces.
03-11-07-05 SHADOW WOODS SUBDIVISION/Carol and Gordon Billington – Map 19, Lot 34-2, Chadbourne Road
Cluster Subdivision Review
Carol recused herself from the discussion on this project because she is one of the applicants.
Brian Libby, Vice Chair, led the discussion for the subdivision.
Jeff Perry, Senior Project Manager, Sebago Technics, was present representing the Billingtons. Jeff was requesting preliminary approval tonight. There have been no significant changes in the plans since the December meeting. He referred to the plans displayed on the easel that showed the 26 new lots. He is working with FEMA and DEP with respect to the site location permit and the adjustment to the official flood plain map. He said he had reviewed Bud’s comments in his memo to the Planning Board Members. He addressed all of the items. He has made some minor changes requested by MDEP so the site location permit process is following its course.
Vice Chair, Brian Libby, asked for comments from the Board, and the public. William Orr, 32 Kerri Farms Road, approached the podium. His questions were:
1. How did the acreage get up to 110 acres? What is included? Brian Libby said he couldn’t answer that question. Jeff Perry said the overall project includes the existing house lot and that amounts to about 109 acres. The existing house lot is part of the subdivision by State standards. He said with respect to Section 181-27 E(4), he felt the lot on which the Billington’s lived should be considered a lot in the subdivision. And, the Billington’s lot is big enough to be further subdivided. Mr. Perry said that zoning in the area is 120,000 sq. ft. per lot. Yes, there can be future division of the Billington lot. In terms of creating the cluster, their lot has been excluded. Mr. Benson addressed the question by saying that the State’s
definition, which all towns have to use, basically includes all lots that have been broken off in the last 5 years, whether or not it is part of the subdivision. So, even though technically their lot is part of the subdivision, in reality it was broken off prior to the subdivision creation. Mr. Orr said the land use code says it is mandatory that all homeowners must have membership in the homeowners’ association. As a result of using their lot in the calculation, it allows 2 or 3 lots to be created.
2. How many feet of road within the subdivision? He came up with about 3,800 ft of road. Mr. Perry said that Woody Drive is about 3,000 ft and Almur Circle is 900 ft. Mr. Orr asked how the town justified the density increase that this subdivision is all about. There are lots there that have as much frontage as a conventional subdivision. He didn’t see any density increase with this subdivision. Mr. Libby said it met all of the density requirements of the Land Use Code. Mr. Benson addressed Mr. Orr by saying that it meets the definition of a cluster subdivision because two-thirds of the land in the subdivision is being reserved with existing trees in its natural state and wildlife is not being disturbed.
3. How much of the area is classified as wetlands? Mr. Benson said the calculations are on the plan and that is a total of 19.68 acres are wetlands.
4. He referred to the road centerline. Will that road bed be constructed off the centerline? He couldn’t see where that was mandatory. Mr. Benson said it will be constructed as approved by the Board.
5. He asked about drainage for the subdivision? There is a 16 foot fall off across the property and it should pretty much be all natural drainage. He didn’t see any drainage plans. Mr. Benson said there was a large study done and there will be stormwater buffers.
6. Will every lot have a culvert? Is anything being done to place the culverts so that they will work? Most have a pond on the inlet side of the culvert. Mr. Libby said that the culverts were designed to drain. Mr. Orr asked if the town was going to see if they are drained correctly. Mr. Benson said that the town employs a 3rd party engineer that works with the Public Works Director to ensure that the roads accepted by the town are built according to the approved plans. Mr. Benson further stated that all driveway placements must be approved by the Public Works Director of the town.
7. He saw a 2 to 1 slope on the plans. That is an 11 degree angle and it is impossible to stand on or walk on. Are those property frontages going to be in an area like that? How will the road grading be built to the front property line? Will there be steep angles? Mr. Benson said that code requires a maximum of 2 to 1 back slope. That is not the maximum that one can walk on and it will not be easy to mow with a lawn mower.
He concluded by saying he hoped his comments would be given consideration.
Mr. Benson wanted the members to know that this plan has a pedestrian trail system around it and an internal street lighting system. The plan that has come to us did not go through the sketch plan process. As a result, the Board did not see it 2 years ago when it began its surveying and the work that has gone into it. It is a very nice and well engineered plan. Mr. Benson suggested that an escrow account should be set up for peer review. Mr. Libby agreed. Wayne Newbegin asked about amount? Mr. Benson said it is customary that it is usually about $200 per lot for the 14 lot subdivision. This is a bigger subdivision and he suggested $150 per lot because the bigger subdivisions are a little bit less expensive to review on a lot-by-lot basis.
Vice Chair, Brian Libby, asked for a motion. Ken Fish made a motion to approve $150 per lot (26 lots) for peer review. Eleanor Dudek seconded the motion. Wayne Newbegin asked about the length of the road when comparing it to number of lots within a subdivision. In other words, will it take more time to review the subdivision because of the length of the road? Mr. Benson, said that the better the plan, the less time it takes to review the plans. Further, he stated that these plans are well done and will require less time to review. All in Favor. Motion carried.
Ken Fish asked about the length of Woody Drive. Mr. Benson said it was less than 3,000 ft. Mr. Benson said the Board would have to waive the dead end street length. The plans show the cul-de-sac at the end of Woody Drive to be at 2,450 ft. and then the cul-de-sac becomes a 2-way road. Brian asked for a motion to waive the dead end street length. Ken Fish made a motion to waive the dead end street length and Wayne Newbegin seconded the motion. No more discussion. All in Favor. Motion passed.
Mr. Libby asked for a motion to grant preliminary approval. Wayne Newbegin made a motion to give preliminary approval based on the recommendations given by the Town Planner. Ken Fish seconded the motion. No more discussion. All in Favor. Motion passed.
Carol Billington, returned to chair the meeting.
04-12-05-05 Cottage Setback/Christopher and Marianne Howard - Map 57, Lot 35 & 76, 89 Whites Point Road
Shoreland Zoning Review
Donna Sawyer, Planning Secretary, said that Mr. Howard had called and requested that their agenda item be tabled because they are revising the site plan.
Ken Fish made a motion to table the project and Brian Libby seconded the motion. No discussion. All in Favor. Motion passed.
NEW BUSINESS:
01-01-09-06 Nicholas Drive/Peter Busque –Map 20, Lot 38C, 1170 Nicholas Drive
Private Way Review
Charles Brown, Sebago Technics, was present representing Peter Busque. He was seeking approval for an expansion of an existing private way, Nicholas Drive. The road has been expanded over the old “haul road” that passed through the property. Mr. Brown pointed out Chadbourne Road, Shannons’ Way and a hypothetical plan of how these roads might be connected at some future date. He said that this extension would provide for the addition of a few additional lots. He continued by pointing out the former logging yard that is the Goodine Lot. The road has been upgraded to what the road profile indicates and the hammerhead to the left and will probably be used as a driveway in the future. An additional 100 ft. of road has been constructed on the site.
Mr. Brown said that a geologist has gone out to take samples of the road and took gradations and they meet the MDOT requirements for the road base. He said he had reviewed Mr. Benson’s memo discussing the private road and he will be adding his comments to the plans.
Mr. Brown opened the discussion for comments from the Board. Mr. Newbegin asked if this was a private drive and no subdivision involved. Mr. Brown indicated he knew of no subdivisions involved to date. Wayne asked about the ramifications of a future subdivision. Mr. Busque can sell one lot every five years and not trigger subdivision review. This project is before the Planning Board because of a new ordinance that requires the Board to review the construction of a private road for a 3rd lot. The road plan will be recorded in the Registry of Deeds.
Carol asked if a site walk was needed? The Board didn’t see the need for a site walk. She asked for public comment. Paul Whitman, 1099 Chadbourne Road, came forward and said he has watched the construction of this road expansion and he felt the “possible” future road will become reality.
Mr. Benson reminded the members that they are reviewing the private way standard as spelled out in our land use code. One item for discussion is the turn around. The ordinance requires a cul-de-sac and typically in subdivisions if the road is going to be extended, we have allowed a hammerhead in place. This situation seems likely that the road might be extended in the future, a hammerhead seems appropriate. Bud suggested that the Board might want to vote on the hammerhead issue. Bud referred to his recommendations as presented in his memo dated January 6th to the members.
Carol asked for a vote on the hammerhead. Ken Fish made a motion to modify the hammerhead on the plan from 30’ x 50’ to 50’ x 50’ and talk with the Public Works Director to make sure it meets the standards. Brian Libby seconded the motion. Carol asked for comment and William Orr, 32 Kerri Farms Drive, wanted to confirm that this private way will be subject to a third party review. Carol said, “Yes.” There was no more discussion. All in Favor. Motion carried.
Carol asked Mr. Benson how much money should be escrowed for 3rd party engineering review. Mr. Benson suggested $500.00. Brian Libby made a motion to request $500.00 from the applicant for road review. Wayne Newbegin seconded the motion. All in Favor. Motion carried.
Charles Brown accepted all of Bud’s recommendations as stated in his memo. He will make the following changes to the plan:
A. Hammerhead must be constructed to town standards. Hammerhead layout to be shown on signed and recorded private way plan and approved by the Public Works Director.
B. Please label the remaining area of the Busque Lot northerly of Nicholas Dr. per your calculations to be 16.9 Ac. +/-.~
C. Please label the metes and bounds for the lot line between Parker and Miles is N 50-35’-09” E 401.0’
D. The remaining area of Steve Goodine's Lot including Nicholas Dr. would be 44.5 Ac. +/-.
Mr. Benson spoke again stating that the Board can approve the project tonight and have his Recommendations A through D added to the plan and the Conditions of Approval as approved by the Board tonight. Next month the plan would come back for the members’ signatures and go to the Registry of Deeds for recording as well as the Road Profile Plan. Ken Fish made a motion to accept the application as long as the A through D items are added to the plan and conditions 1 through 5 as stated in Bud’s memo as well, including a deposit of $500 to be escrowed for 3rd party engineering review. Brian Libby seconded the motion. There was no more discussion from the members or the public. All in Favor. Motion carried.
The conditions of approval are:
1. An inspection escrow account shall be established for $500.00 to cover the costs associated with the Town hiring of a professional engineer for associated inspection. Once the project is completed, any unexpended funds shall be returned to the applicant.
2. Prior to the issuance of any building permit for new lots served by a private way(s), either the private way(s) shall be constructed and approved by the inspection engineer or a performance guarantee for the cost of the required construction shall be established in the form of a passbook account held by the Town. The cost estimate shall be provided by the applicant, reviewed by the inspection engineer and accepted by the Planning Board Administrator.
3. Prior to the issuance of any certificates of occupancy for lots served by a private way(s), the engineer shall certify to the Code Enforcement Officer that the private way(s) has been constructed in accordance with this section.
4. Developer must obtain a Maine Construction general permit if the common scheme of development disturbs over one acre of land.
5. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve
The revised plan will brought to the February planning board meeting.
02-01-09-06 Shannon’s Way/Peter Busque – Map 20, Lot 37-1, 1060 Shannons Way
Private Way Review
Charles Brown, Sebago Technics, spoke about Shannon’s Way. He said it is already a paved way and was built to town standards up to the end. An agreement has been made to use the gravel stub which is approximately 50’ from the end of the road on the right hand side. Carol asked for questions from the public. Ken Fish made a motion to approve this project with the recommendations A through F from Bud’s memo and conditions 1 through 5 as stated in Bud’s January 6th memo to the members of the board, including $500.00 deposit to the inspection escrow account for engineering review. Wayne Newbegin seconded the motion. All in favor.
The recommendations to be listed on the site plan are:
A. Hammerhead must be constructed to town standards. Hammerhead layout to be shown on signed and recorded private way plan and approved by the Public Works Director.
B. The 50’ wide easement off the northerly sideline of Shannons Way through land of Phaneuf serves as access for land of Dieppa off Chadbourne Road and must be labled as such on recorded plan.
C. The northerly sideline of the McGoldrick lot along Shannons Way and its future extension is 965.0’.
D. The metes and bounds for the westerly lot line of Morris Wright is N 50-43-47 E 477.45’.
E. The remaining area of Busque at the terminus of Shannon’s Way including the Rd. would be 32.9 Ac. +/-.
F. The area of the Wright lot is 120,708 S.F. +/-.
The conditions of approval will be listed on the plan and they are:
1. An inspection escrow account shall be established to cover the costs associated with the Town hiring of a professional engineer for associated inspection. Once the project is completed, any unexpended funds shall be returned to the applicant.
2. Prior to the issuance of any building permit for new lots served by a private way(s), either the private way(s) shall be constructed and approved by the inspection engineer or a performance guarantee for the cost of the required construction shall be established in the form of a passbook account held by the Town. The cost estimate shall be provided by the applicant, reviewed by the inspection engineer and accepted by the Planning Board Administrator.
3. Prior to the issuance of any certificates of occupancy for lots served by a private way(s), the engineer shall certify to the Code Enforcement Officer that the private way(s) has been constructed in accordance with this section.
4. Developer must obtain a Maine Construction general permit if the common scheme of development disturbs over one acre of land.
5. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve
Public Hearing for Proposed Ordinance Change:
Section 181-137 Appeal of Process for Historic Preservation Actions
Carol Billington moved the meeting into a public hearing for a change to the Historic Preservation Ordinance. The change will add the right of an applicant to appeal any decision of the Historic Committee. The Ordinance, as it stands now, allowed an applicant to appeal the decision to the civil court. This change will allow a complete review by the Board of Appeals.
Carol asked for public input. Ken Fish asked how anyone aggrieved by a decision could appeal. Eleanor Dudek said the change is the result of an inquiry to the Historic Committee regarding moving a building out of the Historic District. She said that the Ordinance does have exemptions for personal hardship, work with committee to obtain grants, etc. Discussion moved to how a potential buyer would know if a building is in a historic district. Chair, Carol Billington, said that disclosure laws in place today would prevent anyone from buying a historic district building and not being aware of its status.
William Orr, 32 Kerri Farms Drive, asked if there was any notification mechanism in place to alert prospective buyers. If something was filed at the Registry of Deeds, it would show up in the title search.
Peter Biegel came forward with 2 questions. If one did go to the Appeals Board, what would an applicant be looking for? Would it be a waiver? Carol said a complete review would be done again for a second opinion. Peter stated that he felt making an ordinance adjustment now was premature since the Comprehensive Plan was almost complete. There was no more public comment.
Wayne Newbegin said there was an Ordinance Committee on January 17th. There will be a workshop meeting on January 23rd.
Wayne Newbegin made a motion to adjourn the meeting and Ken Fish seconded the motion. All in Favor. Motion passed.
These minutes prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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