Chair, Carol Billington, called the meeting to order at 7:01 p.m. Present: Wayne Newbegin, Brian Libby, Chris Parkin, Ken Fish. Absent: Eleanor Dudek and Bill Foster, Staff present: Bud Benson and Donna Sawyer.
Carol asked for approval of the May 2006 minutes. Ms. Sawyer stated that she had made a change in the last paragraph on page 1, third sentence to read, “Bud stated that the plan is complete.” Brian Libby made a motion to approve the May 1st minutes as amended. Chris Parkin seconded. There was no discussion; all in favor. Motion carried.
Finding of Fact:
Wayne Newbegin made a motion to waive the reading of the 3 Findings of Fact and Ken Fish seconded the motion. All in favor. Motion passed.
Brian Libby made a motion to accept the Findings of Fact, as prepared. Chris Parkin seconded the motion. All in Favor. Motion passed. Carol Billington signed the following:
- Retail Business of 2,000 S.F. (Standish Tire) owned by Rene & Kathy Larrivee, Map 6, Lot 28
- Cottage Setback (Shoreland Zoning Review) –Michael & Mary Beaudoin, Map 22, Lot 2
- Subdivision Amendment to Heffler Subdivision – David McCullough, Map 16, Lot 32-1
COMMUNICATION:
Reading into the record a finding in regard to growth management of 181-156 (automatic review). Mr. Benson said that a discussion took place at a workshop and a meeting with the Ordinance Committee and that no action was considered necessary. It will be 3 years before another discussion will need to take place.
UNFINISHED BUSINESS
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC., - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
Bud Benson said that a letter was included in the packages to FEMA and that Sebago Technics is hoping to have an approval by next month.
Brian Libby made a motion to table this project to next month and Ken Fish seconded the motion. Wayne Newbegin asked how long this project will stay on the agenda. Brian Libby explained that it is a governmental delay and the project stays on the agenda until a decision is made. No more discussion. 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 this project is still waiting for federal (FEMA) approval as well.
Ken Fish made a motion to table the project until next month. Chris Parkin seconded the motion. 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
Carol Billington recused herself from the meeting and co-chair, Brian Libby, chaired the meeting for discussion of this item.
Jeff Perry, Sebago Technics, was present representing the Billington’s and hoped to receive final for the 26 lot subdivision. The project remains the same as presented in January 2006. There has been some fine tuning in the stormwater management, ditching and culverts per DEP, peer review and staff suggestions. Mr. Perry asked the Board to consider phasing of the project as presented in the members’ packages. Phase I would be 1,000 ft. of road and construct the first 5 lots. Phase II would be the top portion of the layout and go all the way to the cul-de-sac and constitute 14 additional lots and 1,700 feet of road. Phase III would be the bottom cul-de-sac and the last 7 lots and approximately 1,100 feet of road. Each phase is able to stand on its own with respect to
utilities and stormwater and represents logical phasing for the project. Mr. Perry said he had received Bud’s comments and draft copy of the conditions of approval. He took no issue with any of the comments and said he could comply with all of them.
Vice-Chair, Brian Libby, asked for comments. Mr. Newbegin asked why the 27 lots have been reduced to 26 lots. Mr. Perry said that Lot 1, the Billington’s residence, has been removed from the subdivision and has exercised the homestead exemption. Mr. Libby asked for comments from the public. William Orr, 32 Kerry Farms Drive, approached the podium and asked if the revised plan had an Engineer’s signature on it? Mr. Benson said that the final plan will have an Engineer’s seal and land surveyor’s seal and will be signed by both before recording. Mr. Orr asked if a copy of the plan before the board members tonight was available in the Town Office. Mr. Benson said yes.
Brian Libby asked for more comments from the members. Mr. Benson said if the Board approved the project in phases, there would be a temporary hammerhead between Lot 1 and Lot 2.
Co-Chair, Brian Libby, read through the entire draft copy of the Planning Board Notice of Decision.
Mr. Libby proceeded by reading the Recommendations. They are:
Board should approve the performance Bond amount.
Final Plan changes prior to Board signature:
A. Phasing shall be shown on final recorded plan.
B. Responsible Professional Land Surveyor and Professional Engineer must stamp all Final Plans prior to Board signature and recording.
C. Add a note above the signature box as follows: “The signatures below constitute Planning Board approval of the entire phased subdivision, however, lots may not be sold within a specific phase until the town has accepted a performance bond for the phase containing the lot as outlined in the “NOTICE OF DECISION DOCUMENT”
D. A Stormwater manhole / catch basin information table shall be added to grading and utility plan specifying all data about structures such as rim elevations pipe inlet and outlet invert elevations and structure diameters
E. Road cross-section must show base asphalt pavement at 12’-3” width per travel lane and delete line through gravel shoulder material.
F. Field drain inlet should show two foot deep sump and base below frost line
G. Please show detail cross-section of catch basins and storm drain manholes.
H. General note #31 on sheet 2 of 16 must be changed to include guardrail and entrance landscape plantings.
I. Add a note on plan profile sheet requiring installation of all utilities within right of way to be completed prior to placement of road sub base gravel. Add same note to road cross-section detail.
Conditions of Approval as proposed:
1. Shadow Woods Subdivision final plan showing three phases shall be recorded at the Cumberland County Registry of Deeds (CCRD) only after the conditions of approval are placed on the subdivision plan, the phase #1 performance bond of $228,886 has been accepted by town staff and an inspection escrow account established in the amount of $21,500. No lots within phase #2 may be sold until acceptable performance bond of approximately $386,513 has been submitted and accepted by town staff for construction of phase #2. No lots in phase #3 may be sold until after an acceptable performance bond of approximately $245,660 has been submitted for phase #3. Town staff and
inspection engineer shall approve details of phasing and temporary turn around. A revised cost estimate shall be provided for any phase over one year from final approval. Revised cost estimates to be approved by town staff and Inspection Engineer prior to performance bond acceptance.
2. A street light impact fee will be waived, because performance bond contains $1800 for installation of streetlight at Chadbourne Road. This light and all internal streetlights to have homeowners pay for maintenance.
3. Payment of all outstanding review escrow account fees. Resolution of any outstanding issues raised in peer review engineer’s memo to satisfaction of town staff.
4. Final incorporation by the developer of a homeowners' association shall be required prior to issuance of any building permits; the developer shall provide the Code Enforcement Officer proof of filing of the Homeowners' Association's articles of incorporation with the Secretary of State's Office prior to the issuance of any building permits. The town attorney, at applicant expense, must approve Homeowner’s Association documentation and incorporation. Applicant shall provide and record the deed restrictions and drainage easement for no disturbance in wooded stormwater buffers.
5. Ponds and stormwater structures outside right of way are owned and maintained by the Homeowner’s Association
6. As built drawings showing location of all underground utilities should be provided at applicants’ expense prior to acceptance of street.
7. 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.
Mr. Libby asked for questions from the Board Members. Wayne Newbegin asked about 181-96 regarding the street trees and their placement. Mr. Perry stated that the only trees to be planted on this plan are at the entrance. There is a landscaping plan, with stone wall, and project sign and there are 4 trees in the plan. There are no trees referenced in the remainder of the plan. Wayne Newbegin asked about the pedestrian trail shown on the site map. Mr. Perry said that the trail is proposed and to be installed, but it is not part of the cost estimate for which the bond is derived. Mr. Perry said the responsibility for the installation for the trail lies with the developer. It will be done as the phases are installed. It will not be until phase III that the entire network
will be complete.
Wayne Newbegin asked about the performance bonds for the different phases and if the infrastructure is complete before lots are sold. Mr. Benson said that performance bond money is held in case the infrastructure doesn’t get built. Mr. Fish asked about the draft copy of the Board’s Notice of Decision for Shadow Woods Subdivision. Mr. Benson said he has drafted the notice for the last 5 or 6 subdivisions.
Wayne Newbegin made a motion to approve the Shadow Woods Subdivision as presented with the recommendations provided by the Planning Administrator, Mr. Benson. Chris Parkins seconded the motion. Mr. Libby asked if there was further discussion. Mr. Bill Orr, 32 Kerri Farms Drive, approached the podium. Mr. Orr asked if the subdivision was 89 or 99 acres in total. Mr. Libby said it was 99.29 acres. He couldn’t understand why the acreage continued to be represented as 99+ acres. Mr. Perry said that when the homestead lot was removed from the subdivision, the back lot line was revised to give slightly more area to that lot or as much as the ordinance would allow without losing open space and thus the bonus for the lot calculation. It wasn’t just removing it as
originally proposed, it was a minor adjustment to the rear lot line of the Billington’s. Mr. William Orr asked if the number of acres was still 99+ acres. Has the recalculation been shown on this plan. Mr. Newbegin stated that the original paperwork showed all of the land owned to be 109+ acres. Mr. Libby said that the final plan will be 99.4 acres. Mr. Orr said the plan should be signed.
Carol Billington approached the podium and stated that they have always owned 2 parcels of land. Her house sets on 10 acres and was never part of the bigger parcel. The bigger parcel was always described separately. Lots lines have changed somewhat from those shown on the Preliminary Plan and are surveyed.
Ken Fish asked about the first letter sent by Sebago Technics to the Planning Board. It referenced 109 acres. Mr. Perry said he couldn’t give an accurate account of the situation because it goes back in time too far. He is, however, confident that the acreage as shown is accurate. Mr. Benson said that the homestead lot is shown currently as 10.02 and the parcel being subdivided is 99.29 acres. If the acreage of both lots is added together, the total is 109.43 acres. The total of the 2 pieces is 109.43.
Mr. Newbegin asked how the FEMA approval came so soon. Chris Parkin asked about the turn around for Phase I. Mr. Benson said it is addressed in his comments in his memo to the Board. Mr. Benson also commented on the FEMA approval. He said that Lucky’s Run, a private road in an abutting subdivision, was surveyed by the same engineering firm and they did a lot of the work for FEMA during that study and received approvals for Corrine’s Place road, Lucky’s Run, prior to the Billington’s. FEMA had seen a lot of that work.
Mr. William Orr, 32 Kerri Farms Drive, asked if the letter from Sebago Technics had been signed by an engineer and if the letter referring to 109 acres was signed by an engineer. The letter was signed by Jeff Perry, who is not an engineer. Mr. Orr contended the 99 acres was incorrect.
Brian Libby asked for a vote. There was no more discussion. All in Favor. Those members voting for included: Wayne Newbegin, Ken Fish, Brian Libby and Chris Parkin. The vote was recorded (4 in favor, 0 negative) on the Notice of Decision and Co-chair, Brian Libby, signed the document.
01-05-01-06 GRAVEL EXTRACTION/R. J. Grondin & Sons – Map 9, Lot 15, 295 Middle Road
Gravel Pit Expansion
Bud Benson, Planning Administrator, said he had spoken with Shawn Frank, Sebago Technics, today. Mr. Benson referred to the map distributed to the Board members that superimposed the current town zoning on Little Watchic Pond and the yellow line that delineates the scrub shrub boundaries. The scrub shrub boundary that is delineated is slightly over 5 acres. In order to be deemed a freshwater wetland, it has to be over 10 acres. He said he went to the site but the water was too deep to look at it. Bud will be meeting with Mike Morse, the DEP Southern Maine Regional Shoreland Zoning Coordinator, to look at it and Bud felt the Town’s zoning maps may need to be modified. He didn’t think there would be any shoreland zoning other than just around the edge of the pond, if
the delineation shown is correct. Bud felt the project should be tabled until next month.
Brian Libby made a motion to table until next month and Ken Fish seconded the motion. Wayne Newbegin asked about the pit’s right to continue to operate after June 30th. A site walk was discussed and it was finally decided to table a site walk until after the June election has taken place.
Brian Libby withdrew his motion to table.
Wayne Newbegin made a motion to extend Grondin’s right to continue operations at the pit until July 30th. Chris Parkin seconded the motion. All in favor. Motion carried.
Brian Libby made a motion to table the project until next month and Wayne Newbegin seconded. All in favor. Motion carried.
NEW BUSINESS:
Public Hearing – Amendment to Site Plan Review Standards
Chair, Carol Billington, said there were 2 items for public hearing.
Chapter 181-73
The first item is a change drafted to Section 181-73, Conditions for approval for a site plan. Carol read the proposed change:
L. Architectural drawings of proposed buildings for the Village Center District, and the general landscape design, shall be compatible with a Colonial New England design. Colonial New England building design is typified by a timber-framed structure with clapboard siding, a simple saltbox, Cape Cod or Federal style with steeply pitched gable roof, second story overhangs, small paned windows and a central chimney.
Carol said this ordinance is designed to give the Planning Board some basis for requiring applications for new structures to have a New England type design.
Carol asked for comments and discussion. Brian Libby said clapboard siding could be clapboard siding that looks like it is, but isn’t clapboard. Perhaps it should be clapboard type. Wayne has a concern for six over six windows, and most windows have clip-ins now to look like six over six. Wayne Newbegin wanted to add gambrel roof as well as gable roof.
This ordinance is considered “emergency” due to the development pressure the town is under at Standish Corner.
181-69, 70, 70.1, 70.2, 70.3, 71.2, 72, 73:
The next proposed ordinance change concerns changing procedures for site plan review and approvals. Some recent applications before the Planning Board have required other agency approvals. The procedure is being looked at to give a preliminary site plan approval as long as that site plan review is subject to approvals by any outside agency other than ourselves. A final approval would be given after those outside approvals have been received and reviewed by the planning board and made a detailed part of our approval. The biggest change is in the procedure. Mr. Benson added that any site plan that does not require, county, state or federal approvals, may receive both preliminary and final approval at the same Planning Board meeting. Mr. Benson also added that no applicant will receive
final approval if the applicant is in default on a previously approved plan.
01-06-05-06 Cottage Setback/Charles Coffin – Map 51, Lot 11, 1555 Richville Road
Shoreland Zoning Review
Charles Coffin, owner, came forward and spook about his cottage setback issue for a shoreland zoning review. He explained that his existing cottage will be torn down and a new one built as far back as possible. He is restricted somewhat by an existing septic field. The increase in setback is going from 14’ to 18’.
Carol Billington said that a site walk should be scheduled and asked if the members wanted it. The site walk was scheduled at 6:00 p.m. on June 12th at the site.
02-06-05-06 Cottage Setback/Lake Properties, LLC (Scott Symonds) – Map 50, Lot 27, 15 Wards Cove Road
Shoreland Zoning Review
Scott Symonds approached the podium and told the members he has been working on a relocation plan for his buildings on his lot at 15 Wards Cove Road. He reviewed his proposed plan with the members. He has 2 buildings on the lot and the existing cottage, Building A on the plan, is 750 sq. feet and the back corner is about 7 feet into the right of way which is Wards Cove Road. The front corner of that building is 81’ to the seasonal high water line. Building B is 29 feet from the seasonal high water. Building B is a beach house and is 11.5 ft. by 21.5 ft. long. The cottage has a holding tank in front and he would like to have the septic pumped to a new chamber system up 250 ft. from the water and take out the holding tank. Shown in red is the proposed configuration of the
buildings. Mr. Symonds said he wanted to move Building B back and attach it to Building A, which will be moved out of the right of way (Wards Cove Road). This would bring a new setback of 70 ft. from the seasonal high water line of 266.5 ft.
Chair, Carol Billington, suggested a site walk on Monday night, June 12th at 6:30 p.m. and the members agreed to meet at the site.
03-06-05-06 Hartwell Subdivision/Jocelia Hartwell – Map14, Lot 79-1, 15 Quail Ridge
Amendment to Subdivision
Jocelia Hartwell, owner of the Knight’s Wood Subdivision (formerly Hartwell Subdivision), was asking for an amendment to her subdivision. The original plan showed the drainage easement incorrectly. This amendment locates the drainage easement correctly on the plan.
Wayne Newbegin made a motion to approve the amendment. Ken Fish seconded the motion. No discussion from the public. All in Favor. Motion passed as presented.
Wayne Newbegin made a motion to adjourn, Ken Fish seconded. All in favor. Motion passed.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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