Chair, Carol Billington, called the meeting to order at 7:05 p.m. Present: Chris Parkin, Bill Foster, and Ken Fish. Members Absent: Wayne Newbegin, Brian Libby and Eleanor Dudek. Staff present: Bud Benson and Donna Sawyer.
Carol Billington stated that only four members were present and of the four members present, only one member attended the previous month’s meeting. Consequently, no vote could be taken to approve the February minutes or the three findings of fact from the previous month. All will be tabled until the next meeting for approval.
Carol Billington read a Notice of Proposed Discontinuance of a road, Middle Road Extension. Carol announced that Bertha Nason and Donald Miner had received a copy of this communication and that the item will be aired at a public hearing on March 14, 2006, during the regularly scheduled town council meeting.
COMMUNICATIONS:
Norway Savings Bank, Discussion of Item #2 in Finding of Fact, 88 Ossipee Trail East
Jim Fisher, Northeast Civil Solutions, was present to discuss conditions of approval for the Norway Savings Bank as approved at the February 6th meeting.
Bud Benson, Planning Administrator, said that Norway Savings Bank had asked for a re-consideration of a vote at last month’s meeting. Bud said that a Board member that voted in the majority would have to make a motion to reconsider that vote. Then the whole project is open for reconsideration, if a motion is made to do so.
Mr. Fisher said that the project is across the street from Colonial Marketplace and is the Norway Savings Bank. He stated that he was here to discuss Condition of Approval No. 2 contained in last month’s 11 items of approval in the Finding of Fact. That item No. 2 reads as follows: “At some point in the future, if the existing Colonial Marketplace intersection with Route 25 were relocated to the area near the range roads intersection with Route 25, then at that future point in time your proposed drive/entrance would need to be relocated to the area on the site plan shown as “Future Connection to Range Road.”
That item says essentially that the entrance that Norway Savings Bank has now coincides with the existing intersection, would then be closed off with the full and only access coming off the Range Road. What Mr. Fisher wanted to ask the Board is that for a reconsideration for that particular item only and be able to eliminate primarily because there are so many “ifs” in establishing the Range Roads. There are so many ifs involved, that in the future, when and if a change takes place, the Bank would have to come back before the Board and work with the Department of Transportation. He felt there was too many scenarios to be all encompassed within this one condition.
Chris Parkin made a motion to reconsider Item #2 on the Finding of Fact and Bill Foster seconded the motion. All in Favor of reconsidering. Motion passed.
Board members asked questions and expressed their thoughts. Mr. Fisher explained that a restriction now may not even apply in 10 years or 20 years. Mr. Benson explained that the intersection in question has always been a big issue. Mr. Benson read the wording of Item #2 for the public. Mr. Benson had talked to MDOT about this issue and they said MDOT would have to review the situation at that time, if it came up. Bill Foster expressed his view regarding the Planning Board having the ability to force a new intersection. Mr. Harmon, Bank President addressed the group saying that to get rid of the curb cuts on Rte 25 and re-direct customers to the bank without having control of signage on a range road, creates an accessibility issue. They are, however, very open to discussion about
the range road, if and when it takes place. However, Item #2 says that Rte 25 access will be moved to the range road.
Mr. Bill Orr asked that the item receive approvals as to what exists now. It is unwise to approve with any other stipulations as to what may happen in the future.
Chair, Carol Billington, asked for a vote. Bill Foster made a motion to strike condition #2, as previously approved, from the list of conditions imposed upon the Norway Savings Bank proposal. Ken Fish seconded the motion. All in Favor. Motion passed.
Chadbourne Road Subdivision, Map 19, Lot 56, 733 Chadbourne Road
Sketch Plan Review
Danielle Betts, Sr. Project Manager, Sebago Technics, was present on behalf of Gilbert Homes to present a sketch plan for a 7 lot subdivision on 44 acres with a 60’ right of way on Chadbourne Road. She acknowledged that she had received preliminary comments from Mr. Benson. Mr. Benson said a site walk could only be scheduled when a full application is received. Ms. Billington scheduled the project to go to workshop next Monday, March 13th at 7:00 p.m.
UNFINISHED BUSINESS
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC., - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
No new information received this month. Ken Fish made a motion to table until next month and Chris Parkin seconded the motion. No discussion. All in Favor. Motion passed.
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, Planning Administrator, said that he had talked with Owens McCullough, Sebago Technics. The project has received a DEP approval for a Phase 1 of a 2 phase project. DEP is requiring an archeological dig on portions of the project that they think is within 300 ft. of Josie’s Brook. DEP’s approval is for the remainder of the project outside of 300 feet of Josie’s Brook. Mr.
Benson said the Planning Board couldn’t approve the project because FEMA has to approve the floodplains first. However, the Board could approve portions of the subdivision that were outside the floodplain. He further stated that the subdivision might be able to split the project into 2 phases. The Josie’s Brook Subdivision is close to having approval because DEP has given their approval and FEMA’s Letter of Map Revision (LOMR) approval should be coming within the next 2 months.
Carol asked for a motion. Ken Fish made a motion to table this project until next month and Chris Parkin seconded the motion. There was no discussion. All in Favor. Motion carried.
03-11-07-05 SHADOW WOODS SUBDIVISION/Carol and Gordon Billington – Map 19, Lot 34-2, Chadbourne Road
Cluster Subdivision Review
There was no new information this month for this project. Ken Fish made a motion to table this item until next month. Chris Parkin seconded the motion. No discussion. All in Favor. Motion passed.
04-12-05-05 Cottage Setback/Christopher and Marianne Howard - Map 57, Lot 35 & 76, 89 Whites Point Road
Shoreland Zoning Review
Chris Howard, owner, spoke in behalf of his project. He reviewed the recent history of the project. Their initial meeting with the Planning Board was to renovate the cottage that included maintaining the cottage in the same position on the lot by dropping a foundation inside the existing foundation and expanding the volume by 30%. However, after having a site walk and attending a workshop, feedback from the Board indicated that there was an inclination toward relocating the house back on the site to the most practical extent possible.
Mr. Howard said they went back to work on a new design for positioning the cottage back to the most practical extent possible. Mr. Howard said they wanted to save a retaining wall behind the house. The new proposed location of the house is moved back to the retaining wall. The setback from the water will increase by 15 ft. In addition, a number of other steps have been taken to try to address other concerns. They include the creation of a rain garden to help control runoff from the site. It is a depression that captures surface runoff. The impervious surface has been reduced from 31% to 29% on the lot. The last item eliminated was the directly connected impervious surface. One cement walkway went all the way down to the water’s edge and it has been removed.
He also said that the homes on each side of him will now have a view.
Mr. Howard asked for questions from the members. Ms. Billington said the Planning Board is charged with insuring the building is located as far as practical from the water. Brian Curley from Portland Design Team distributed plans for the house to the members. He said the building has been increased in size by 28%. Carol asked for questions from the public. There was none.
Carol Billington said she participated in the site walk and she felt all of the concerns of the Board appear to be met. Ken Fish made a motion to approve the project with the conditions of approval as listed in Bud Benson’s memo to the members. Chris Parkin seconded the motion. No discussion. All in Favor. Motion passed. The conditions of approval are:
1. Planning Board approval is limited to structure setbacks to the maximum practical extent and the approval is limited in duration to a period 6 months from date of approval.
2. Site specific sediment and erosion control plan to be approved by town CEO.
3. Site plan and details to be modified to show stormwater infiltration pond/rain garden details to be approved by CEO and town staff.
4. 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.
NEW BUSINESS:
01-03-06-06 Home Daycare – Country Tyme Kids/Adrianne Paul – Map 7, Lot 14 – 40 Acres of Wildlife Road
Site Plan Review
Adrianne Paul and Joe Paul appeared before the group. Ms. Paul wants to operate a home daycare in her father-in-law’s home on Acres of Wildlife Road. The daycare would operate upstairs over a garage. The home is located on 18 acres on a private road.
Chair, Carol Billington, asked if a site walk was necessary. Mr. Benson, Planning Administrator, said the application was complete and the State Fire Marshall had given approval after a fire safety inspection. Bud said public water was 2,000 feet away and the site is wooded.
Ken Fish made a motion to grant the 3 waivers asked for in the application. They are: contours at 2 ft. intervals, the location and size of existing water mains, and location and types of plantings and screenings. Chris Parkin seconded. No discussion. All in Favor. Motion passed.
All were in agreement that a site walk wasn’t needed.
Ms. Billington read the standards contained in 181-73 of our land use code. Ken Fish made a motion to approve the project as submitted with the Standard Condition of Approval noted. Chris Parkin seconded the motion. No discussion. All in Favor. Motion carried. The Standard Condition of approval is:
1. 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
02-03-06-06 Retail Business over 2,000 sq. ft. (Standish Tire)/Kathy & Rene Larrivee – Map 6, Lot 28, 305 Ossipee Trail
Site Plan Review
Kathy and Rene Larrivee came before the Planning Board to talk about their proposed tire store to be located at 305 Ossipee Trail West. The members previewed new plans distributed prior to the meeting. Mr. Benson explained that the enclosed part of the building is exactly 2,000 sq. ft. The attached canopy brings it over 2,000 sq. ft. Bud explained the new site plan shows 5 parking stalls under the canopy and the remainder along the back of the parking lot. Mr. Benson also stated that the Larrivee’s had appeared before the Board of Appeals and received a special exception to build a retail business over 2,000 sq. ft. The Board of Appeals placed one condition and that was to add wing walls on each side of the overhead canopy to buffer some noise from the operation.
Carol Billington asked about a sitewalk. Bud said he felt a sitewalk was in order because it is not a small operation. Mr. Larrivee said the building is staked out on the lot as well as the parking lot. It was decided to have each member walk the site before next Monday’s workshop meeting. They were asked to come to workshop on Monday, March 13th, at 8:00 p.m.
Ms. Billington asked for comments from the public. Dr. Golliday, of 320 Ossipee Trail West spoke. He owns the building across the street and his concern was traffic on that section of Rte 25. Would there be arrows, designated turn lanes, etc. Carol Billington said the traffic issues would be considered carefully. Tom Haskell, 299 Ossipee Trail West spoke next. He is concerned about the noise created by this shop. He attended the Appeals Board meeting and the owner agreed to place wings on the sides of the overhead canopy. They will have a dumpster and he wants to make sure the dumpster has a cover. Melanie Dyer, 300 Ossipee Trail West, approached the podium and reiterated the traffic concerns. She lives across the street from this proposed project and said many
mornings she has to wait at the end of her driveway to be able to safely access Rte 25 because of the speed of traffic going west and east. Neal Dow, 511 Cape Road, said he has a right of way across this property to his wood lot behind Larrivee’s lot. Mr. Benson said the new site plan will show an undefined right of way. There was no more public comment.
Carol Billington reminded the public that the Comprehensive Plan is well underway and a public forum was held on March 2nd. The next public forum will be held on March 23 at 7:00 p.m. at the Town Hall.
Bill Foster made a motion to adjourn and Chris Parkin seconded the motion. All in Favor. Motion carried.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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